Ara (Migration)

This matter concerned an application for Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187, Direct Entry stream, for a position as a Hairdresser. The applicant sought review of a decision not to grant the visa. The Tribunal proceeded to deal with the matter on the papers, as confirmed by the applicant.

The primary legal issue before the Tribunal was whether the applicant was the subject of an approved nomination for the Hairdresser position. This required consideration of clause 187.233, which stipulated several conditions, including that the position be nominated in regional Australia, that the nominator be the prospective employer, that the nomination be approved and not withdrawn, that there be no adverse information known to Immigration, that the position remain available, and that the visa application be made within six months of the nomination approval. The Tribunal also considered the criteria for a secondary applicant, requiring them to be a member of the family unit of a primary applicant who holds the subclass 187 visa.

The Tribunal found that the applicant's nomination application had been refused on 21 March 2019, and no appeal was lodged against that refusal. Consequently, there was no approved nomination in place for the applicant in respect of the nominated position. As this fundamental criterion of clause 187.233 was not met, the Tribunal concluded that the primary criteria for the visa were not satisfied. Furthermore, the Tribunal found that the secondary applicant did not meet the requirements of subregulation 187.311 as they were not a member of the family unit of a primary applicant who held the subclass 187 visa.

Accordingly, the Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicants.