Bernard (Migration)

This matter concerned an application for review of a decision to refuse to grant Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187, Direct Entry stream, to Mr and Mrs Bernard. The primary applicant, Mr Bernard, was seeking to be employed as a Cook by Alice Food Concepts. The delegate had refused to grant the visas because the employer, Alice Food Concepts, had not met the requirements of the relevant subregulations, specifically by failing to provide all necessary financial documents to the Department.

The Administrative Appeals Tribunal was required to determine whether there was an approved nomination for the position of Cook as required for the grant of a Subclass 187 visa. The Tribunal considered information that Alice Food Concepts had applied for review of the delegate's decision to refuse its nomination application, but had subsequently withdrawn that review application. The Tribunal had accepted the withdrawal, meaning there was no pending review of the nomination refusal.

The Tribunal reasoned that a fundamental requirement for the grant of a Subclass 187 visa in the Direct Entry stream is that the nominated position must be the subject of an approved nomination. As Alice Food Concepts' nomination application had been refused and the subsequent review application withdrawn, there was no approved nomination. Consequently, the primary applicant, Mr Bernard, did not satisfy this essential criterion for the visa. The Tribunal also noted that the secondary applicants, Mrs Bernard and a third applicant, would not meet the criteria for the visas as they were not family members of a primary visa holder who met the criteria, and there was no evidence they met the primary criteria in their own right.

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