Bhardwaj (Migration)

This matter concerned an application for review of a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought to have the decision of the Minister, which had refused to grant the visa, set aside.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the Subclass 187 visa, specifically clause 187.233 of Schedule 2 to the Migration Regulations. This clause requires, among other things, that the position to which the application relates be the subject of an approved nomination by the Minister, that the nominator be the prospective employer, and that the nomination has not been withdrawn.

The Tribunal reasoned that the applicant had failed to provide any evidence demonstrating that the Minister had approved the nomination as required by clause 187.233(3). Despite being given opportunities to provide further information and evidence, the applicant stated they had no additional documents or information to present and could not provide a valid nomination. Consequently, the Tribunal concluded that the requirements of clause 187.233 were not met.

The Tribunal affirmed the decision not to grant the applicant the visa, as the essential criteria for the Subclass 187 visa in the Direct Entry stream had not been satisfied.