Bhatti (Migration)

The Administrative Appeals Tribunal considered the case of Mr Bhatti, an applicant for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the direct entry stream. The dispute arose when the nomination application for the applicant's position as a retail manager was refused, and this refusal was subsequently affirmed by the Tribunal. The applicant's visa application was linked to this nomination.

The primary legal issue before the Tribunal was whether Mr Bhatti met the requirements of clause 187.233 of the Migration Regulations. This clause, in essence, requires that the nominated position be located in regional Australia, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was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 reasoned that a fundamental requirement of clause 187.233 is that the associated nomination must have been approved. As the Tribunal had previously affirmed the decision to refuse the approval of the nomination made by The Trustee for Kathiriya Family Trust, this essential criterion was not met. Consequently, Mr Bhatti could not satisfy clause 187.233(3), and therefore, the overall requirements of clause 187.233 were not satisfied.

The Tribunal affirmed the decision not to grant Mr Bhatti the Subclass 187 visa.