Athaullah (Migration)

This matter concerned an application for review of a decision by the Tribunal to affirm the refusal of a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to satisfy the criteria for this visa based on a nomination application lodged by STARTUP CARS GROUP PTY LTD. The core dispute revolved around whether the applicant had met the requirements for an approved nomination as stipulated by the relevant regulations.

The primary legal issue before the Tribunal was whether there was an approved nomination for the position in question, as required by clause 187.233 of Schedule 2 to the Migration Regulations. This clause, as applicable, mandated that the position be the subject of an application for approval of a nomination in the Direct Entry stream, located in regional Australia, and that the nomination must have been approved and not subsequently withdrawn. Furthermore, for nominations made on or after 1 July 2017, the nomination must identify the applicant in relation to the position.

The Tribunal reasoned that the nomination application lodged by STARTUP CARS GROUP PTY LTD on 6 December 2016 was refused by a delegate of the Minister on 2 August 2018. Subsequently, the applicant's Subclass 187 visa was refused on 31 August 2018 due to the absence of an approved nomination. While STARTUP CARS GROUP PTY LTD sought review of the nomination refusal, the Tribunal affirmed that decision on 16 September 2021. Consequently, the Tribunal concluded that there was no approved nomination, meaning clause 187.233 was not met. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had not met the essential requirements, the Tribunal affirmed the decision not to grant the visa.