Buniel (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr. Buniel concerning the cancellation of his Regional Employer Nomination (Permanent) visa, Subclass 187, Direct Entry stream. Mr. Buniel had been employed as a Disabilities Services Officer. The core of the dispute revolved around a prior decision to refuse the nomination for this visa, a decision against which no application for review was lodged by Mr. Buniel. Consequently, the visa was not subject to an approved nomination.

The AAT was required to determine whether the delegate's decision to affirm the cancellation of Mr. Buniel's visa was correct. This involved assessing whether the delegate had properly considered the relevant legislative provisions and whether the absence of an application for review of the nomination refusal had the effect of rendering the visa invalid from its inception, thereby justifying its cancellation.

The Tribunal affirmed the delegate's decision, reasoning that the legislative framework for the Subclass 187 visa requires an approved nomination for the visa to be valid. As Mr. Buniel's nomination had been refused and no review of that refusal was sought, the visa was never supported by the necessary approved nomination. Therefore, the visa was not validly granted or maintained, and the delegate was correct in affirming its cancellation.