Brar (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, by the applicant, who was nominated for the position of Restaurant Manager. The decision under review was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for the Subclass 187 visa, specifically clause 187.233, which requires the nominated position to be the subject of an approved nomination in regional Australia. The Tribunal also considered the secondary criteria for a second applicant, who was a family member.

The Tribunal reasoned that the nomination application had been refused by a delegate of the Minister, and this refusal was affirmed by the Tribunal on 7 October 2020. Consequently, the Tribunal found that the position was not the subject of an approved nomination as required by clause 187.233. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had not met the primary criteria, the Tribunal concluded that the second applicant also did not satisfy the secondary criteria.

The Tribunal affirmed the decision not to grant the applicants Regional Employer Nomination (Permanent) (Class RN) visas.