Aplod (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The dispute arose when the nomination of a position by Frangipani Gentle Care Group Homes Pty Ltd was refused by the Department, and this refusal was not subsequently reviewed by the nominator. The applicant then applied for review of the visa refusal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 187.233 of the Migration Regulations, specifically the requirement that the nomination for the position must have been approved. The Tribunal also considered whether a new nomination, lodged after the visa application, could satisfy this criterion.

The Tribunal reasoned that clause 187.233(3) mandates that the Minister must have approved the nomination. The evidence showed that the nomination made at the time of the visa application was refused and that the nominator had not sought review of this decision. The Tribunal noted, in line with existing case law, that only the nomination made at the time of the visa application could be relied upon to satisfy the criterion. Therefore, a future nomination would not assist the applicant in the current review.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 187 visa, as the essential requirement of an approved nomination had not been met.