BHULLAR (Migration)

The Administrative Appeals Tribunal considered a decision concerning a Regional Employer Nomination (Permanent) visa application, Subclass 187, under the Direct Entry stream. The applicant sought review of a decision to refuse the nomination for a position as a café or restaurant manager.

The primary legal issue before the Tribunal was whether the nominated position met the requirements of regulation 187.233 of the Migration Regulations 1994. This regulation mandates that the nominated position must be located in regional Australia and must have been the subject of an approved nomination application within the Direct Entry stream, consistent with the position declared in the current visa application.

The Tribunal affirmed the decision under review, concluding that the applicant had not satisfied the requirements of regulation 187.233. The Tribunal found that the nominated position did not meet the criteria stipulated by the regulation, which necessitates the position being located in regional Australia and having been the subject of an application for approval of a nomination in the Direct Entry stream, aligning with the position declared in the visa application.