Bhangu (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, Direct Entry stream, by Mr. Bhangu. The decision under review was affirmed by the Tribunal, which found that the applicant had not met the relevant criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant had satisfied clause 187.233 of the Migration Regulations 1994, which pertains to the nomination of a position in regional Australia for the Direct Entry stream. Specifically, the Tribunal had to determine if the nomination made by the employer, GAB Group Pty Ltd, remained valid and had not been withdrawn, and if the applicant had made the required declaration in relation to that specific nomination.

The Tribunal reasoned that a critical requirement for this visa subclass is that the position to which the application relates must be the subject of an approved nomination that has not been subsequently withdrawn. It was conceded by the applicant that the nomination made by GAB Group Pty Ltd had been withdrawn on 7 November 2018. The Tribunal held that, as per the requirements of clause 187.233 and supported by the authority of *Singh v MIBP* [2017] FCAFC 105, a withdrawn nomination cannot satisfy the criteria. The Tribunal further noted that even a new nomination for the same position by the same employer would not suffice, as the visa application declaration must relate to the specific nomination that was approved and not subsequently withdrawn. Consequently, the Tribunal concluded that the applicant had failed to meet the essential criteria for the visa.