Bhangu (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream, brought by the applicant, Mr. Bhangu. The dispute arose because the Department of Home Affairs determined that the employer's application for approval of the nomination of the position was not validly made. Consequently, there was no approved nomination for the applicant's visa application.

The primary legal issue before the Tribunal was whether the applicant was the subject of an approved nomination for the position of "store manager" at a pie shop in Cairns. This required the Tribunal to consider whether the nominated position met the requirements of clause 187.212 of the Migration Regulations 1994, and crucially, whether the nomination itself had been approved by the Minister under subregulation 187.223(2). The Tribunal also had to determine if it could review the Department's earlier decision that the nomination application was invalid.

The Tribunal reasoned that for a nomination to be approved, the nominator must be a "person" as defined by the regulations and relevant policy. In this case, the Department found that the proposed nominator, identified as "The Trustee for Wahaa Trust," failed to identify a trustee, and therefore was not considered a valid "person" capable of making a nomination. The Tribunal noted that no application for review of this decision was made by the applicant or the nominator. As a result, the Tribunal concluded that there was no valid nomination application for it to consider, and therefore no approved nomination by the Minister.

Given that a fundamental criterion for the Subclass 187 visa in the Direct Entry stream – an approved nomination – had not been met, the Tribunal affirmed the decision not to grant the visa. The Tribunal found that it was not obliged to consider any remaining criteria for the visa, as the initial requirement of an approved nomination was absent.