Bassi (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the nominated position of Pastry Cook. The applicant sought review of a decision not to grant the visa. The Tribunal, constituted by Karen Synon, was required to determine whether the applicant met the criteria for the visa, specifically clause 187.233, which pertains to the nomination of a position.

The central legal issue before the Tribunal was whether the applicant had satisfied clause 187.233 of the Migration Regulations 1994. This clause 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the subject of an approved nomination, that the nominator be the prospective employer, that the nomination has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval. The Tribunal also considered the implications for secondary applicants if the primary applicant failed to meet the criteria.

The Tribunal reasoned that the applicant had not satisfied clause 187.233 because the nomination application made by "PARAMKUL PTY LTD" for the Pastry Cook position had been refused by the Department on 27 August 2018. Consequently, the applicant was not the subject of an approved nomination as required. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet the primary requirements, the Tribunal found that the secondary applicants, who relied on the primary applicant satisfying the primary criteria, also failed to meet their respective criteria, specifically clause 187.311.

The Tribunal affirmed the decision not to grant the applicants Regional Employer Nomination (Permanent) (Class RN) visas.