Avichal (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 187 (Regional Employer Nomination (Permanent) (Class RN) – Direct Entry stream) visa. The applicant sought to have the Tribunal set aside the delegate's decision.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233(3) of the Migration Regulations 1994, which requires that the Minister has approved the nomination. This clause, as applicable, necessitates that the nominated position be the subject of an approved nomination in the Direct Entry stream, located in regional Australia, and that the nomination identify the applicant. Further requirements include that the nominator is the prospective employer, the nomination has not been withdrawn, there is no adverse information concerning the nominator or associated persons, the position remains available, and the visa application was made within six months of the nomination's approval.

The Tribunal noted that the applicant had failed to attend four scheduled hearings, with only two subsequently covered by medical certificates. The applicant's agent indicated a decision could be made on the papers, which the Tribunal considered reasonable. Crucially, the Tribunal found that there was no approved employer nomination because the Tribunal had affirmed the decision to refuse the employer nomination itself. Consequently, clause 187.233(3) was not met, and as the applicant had only sought to satisfy the criteria for the Direct Entry stream, the decision under review was affirmed.