Bains (Migration)

The Administrative Appeals Tribunal considered the case of Bains, who sought review of a decision concerning a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant's nominated occupation was Primary Fruit and Vegetable Inspector.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233, specifically concerning the approval of the nomination. This clause, as applicable, requires that the nominated position be located in regional Australia, identified the applicant, and that the nomination itself has been approved and not subsequently withdrawn. Further requirements include that the nominator is the employer, there is no adverse information, the position remains available, and the visa application was made within six months of the nomination's approval.

The Tribunal noted that the nominator's application to have the position of Primary Fruit and Vegetable Inspector approved was refused on 5 August 2019. The nominator sought review of this refusal, and on 20 April 2023, the Tribunal affirmed the decision to refuse the nomination. Subsequently, on 24 April 2023, the Tribunal invited the applicant to comment on this information, which would be a reason for affirming the visa decision. As the applicant failed to provide any response by the deadline of 8 May 2023, the Tribunal was satisfied that the applicant did not meet the requirement for an approved nomination under clause 187.233(3).

Consequently, the Tribunal affirmed the decision under review.