Boparai (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 Regional Sponsored Migration Scheme, Direct Entry stream. The applicant sought to have a decision affirmed by the Tribunal, which had previously upheld a decision not to grant the visa. The core of the dispute revolved around the applicant's eligibility for the visa, particularly in light of a withdrawn nomination by the employer.

The legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994. This clause outlines the criteria for the nomination of a position for a Subclass 187 visa in the Direct Entry stream. Key aspects of this clause include the requirement for an approved nomination, that the nominator is the prospective employer, that the nomination has not been withdrawn, and that the visa application is made within a specified timeframe after nomination approval.

The Tribunal's reasoning focused on the undisputed fact that the nomination lodged by the applicant's employer was withdrawn on 14 September 2018. Clause 187.233(3) and (4) of the Regulations explicitly require that the nomination must be approved and must not have been subsequently withdrawn. Despite acknowledging the applicant's genuine efforts to secure employment as a Motor Mechanic and participation in the Job Ready Program, the Tribunal found that this subsequent employment did not rectify the fundamental failure to meet the nomination requirements. The Tribunal concluded that the applicant did not satisfy clause 187.233(3) and (4) as the nomination was withdrawn.

Consequently, the Tribunal affirmed the decision under review, finding that the applicant had not met the essential criteria for the Subclass 187 visa in the Direct Entry stream. The Tribunal ordered that the decision not to grant the visa be affirmed.