Brar (Migration)

The Administrative Appeals Tribunal considered an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to have a decision affirmed that denied the grant of this visa. The core of the dispute revolved around whether the applicant had met the essential criteria for the visa, specifically concerning the nomination of a position.

The Tribunal was required to determine if the applicant had an approved nomination for the position of Café or Restaurant Manager that concerned them, as required by clause 187.233 of the Migration Regulations. This clause mandates that the nominated position must have been approved by the Minister, not subsequently withdrawn, and that the nominator must be the prospective employer. Furthermore, the position must still be available to the applicant, and there must be no adverse information known to Immigration about the nominator or associated persons, or such information must be reasonable to disregard.

The Tribunal noted that the applicant's nominator had applied for approval of a nomination in 2018, which was subsequently refused by a delegate. A review of this refusal was sought, but the Tribunal affirmed the decision not to approve the nomination in December 2022. Crucially, the Tribunal had invited the applicant to respond to this information, highlighting that without an approved nomination, an essential criterion for the visa would not be met. As the applicant failed to provide any comments or response within the prescribed time, the Tribunal concluded that there was no approved nomination that concerned the applicant, and therefore, clause 187.233(3) was not satisfied.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Regional Employer Nomination (Permanent) (Class RN) visa. The applicant had only sought to satisfy the criteria for the Direct Entry stream of this visa, and as the requirements for that stream had not been met, the decision under review was upheld.