BAIG (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 Regional Sponsored Migration Scheme, Direct Entry stream. The applicant sought to satisfy the criteria for this visa subclass, and no claims were made in respect of other visa streams. The decision under review was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations. This clause, as applicable to nominations made on or after 1 July 2017, requires, among other things, that the position be the subject of an approved nomination, that the nominator be the prospective employer, that the nomination has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the nomination lodged by Presilent Pty Ltd on behalf of the applicant had not been approved at the time of the Tribunal's decision. Consequently, the Tribunal found that the applicant failed to meet the requirements of clause 187.233. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had not met those essential requirements, the Tribunal concluded that the decision under review must be affirmed.