Bhullar (Migration)

The Administrative Appeals Tribunal reviewed a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought this visa for a position as a Cafe or Restaurant Manager. The core of the dispute centred on whether the nomination for this position had been approved as required by regulation 187.233 of the Migration Regulations 1994.

The Tribunal was required to determine if the nomination met the criteria set out in regulation 187.233. Specifically, this involved assessing whether the nominated position was the subject of an approved nomination application in the Direct Entry stream, located in regional Australia, and whether the applicant was identified in relation to that position. Further, the Tribunal had to consider whether the nominator was the prospective employer, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator, if the position remained available, and if the visa application was lodged within six months of the nomination's approval.

The Tribunal affirmed the delegate's decision to refuse the nomination. It noted that the nominator, The Trustee for the Burger Unit Trust, had its nomination application refused by the Department on 21 May 2019. The Tribunal had invited the nominator's representative to provide updated information demonstrating compliance with all applicable criteria, setting a deadline of 1 July 2022. The representative requested an extension to 19 July 2022, but failed to provide the requested information or a further extension request by the due date. Consequently, the nominator lost its entitlement to a hearing and the Tribunal proceeded to make a decision based on the available information. As the requirements for the Direct Entry stream of the Subclass 187 visa had not been met, the Tribunal affirmed the decision not to grant the visa.