Azmatullah (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to have a decision affirmed by the Administrative Appeals Tribunal (the Tribunal) which refused to grant the visa. The core of the dispute revolved around whether the applicant's nominated position was the subject of an approved nomination as required by the relevant migration regulations.

The Tribunal was required to determine whether the applicant satisfied the criteria for the Subclass 187 visa, specifically concerning the requirement for an approved nomination for the nominated position. This involved assessing whether the employer's application for approval of the nomination had been successful and whether the applicant had been identified in relation to that nomination, among other conditions stipulated in clause 187.233 of the Migration Regulations.

The Tribunal reasoned that the applicant's nominating employer, AA Altone Investments Pty Ltd, had applied for approval of a Retail Manager position for the applicant. However, this nomination application was refused by the Department, and this refusal was subsequently affirmed by the Tribunal on review. The Tribunal then notified the applicant under section 359A of the Migration Act 1958 (Cth) of its intention to affirm the decision, highlighting that the employer's nomination had not been approved. As the applicant had not provided a substantive response to this notification and the fundamental requirement of an approved nomination was not met, the Tribunal concluded that the applicant did not satisfy the criteria for the visa. Consequently, the Tribunal affirmed the decision not to grant the visa.