Armani (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Chef. The applicant sought review of a decision to refuse the visa. The Tribunal was required to determine whether the applicant met the requirements of cl.187.233(3) of Schedule 2 to the Regulations, specifically whether the applicant was the subject of an approved nomination application.

The court's reasoning focused on the essential criteria for the Subclass 187 visa in the Direct Entry stream, as outlined in cl.187.233. This clause mandates that the position must be nominated and that the nomination must have been approved by the Minister. The Tribunal noted that the nomination application associated with the applicant's visa application had previously been refused by the Department, a decision that the Tribunal affirmed on 13 March 2020.

As the nomination application had been refused and therefore not approved by the Minister, the applicant could not satisfy the requirement of cl.187.233(3). Since the applicant had only sought to meet the criteria for the Direct Entry stream and had failed to satisfy this fundamental requirement, the Tribunal concluded that the decision under review should be affirmed. The Tribunal affirmed the decision not to grant the applicant the Regional Employer Nomination (Permanent) (Class RN) visa.