Burger (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187 (Regional Sponsored Migration Scheme), specifically under the temporary residence transition stream. The applicant sought review of a decision not to grant the visa.

The primary legal issue before the Tribunal was whether the position to which the visa application related was the subject of an approved nomination, as required by clause 187.223 of the Migration Regulations. This clause mandates that the nomination must have been approved, not subsequently withdrawn, and that the position must still be available to the applicant, among other conditions.

The Tribunal reasoned that the nomination application made by Super Ute Pty Ltd was refused on 5 January 2021. Although the company subsequently sought review of this refusal, the Tribunal determined it lacked jurisdiction to consider the review application because the company had been deregistered. Consequently, the original nomination remained refused. As the nomination was not approved, the applicant failed to satisfy the criterion under clause 187.223.

Given that the primary applicant did not meet the requirements of clause 187.223, the Tribunal concluded that the secondary applicants, as members of the family unit, also did not satisfy the relevant criteria for the grant of the visa. Accordingly, the Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas.