Borusu (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought review of a decision to refuse his visa application.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the Subclass 187 visa, specifically concerning the nominated position. This involved determining if the nominated position was approved, had not been withdrawn, and remained available to the applicant, as required by clause 187.233 of the Regulations.

The Tribunal affirmed the decision to refuse the visa. It found that a key criterion for the visa, namely that the nominated position must be available to the applicant, had not been met. The Tribunal noted that the nomination for the position had been refused, and the applicant himself agreed that the position was therefore no longer available. The applicant's explanation of being scammed by a migration agent and his subsequent resignation from the nominated position did not alter the fact that the essential requirement of an available nominated position was not satisfied.