Buthpitilekamlage (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicants sought to have a decision affirmed by the Tribunal, which had refused their visa application. The central issue revolved around the nomination of the position to which the visa application related.

The primary legal issue before the Tribunal was whether the applicants had satisfied the criteria for the Subclass 187 visa, specifically clause 187.233 of the Migration Regulations. This clause requires that the position to which the application relates be the subject of an approved nomination in regional Australia, and that the nomination identify the applicant. Furthermore, the nomination must have been approved and not subsequently withdrawn.

The Tribunal reasoned that the applicants had failed to meet the requirements of clause 187.233 because the nomination for the position had not been approved. The Tribunal noted that a previous decision on 4 August 2021 had affirmed the departmental decision to refuse the nomination. Despite being notified of this refusal and invited to comment, the applicants' registered migration agent acknowledged that the visa application could not be approved due to the refused nomination. The Tribunal also addressed the applicants' request to delay the decision to allow for travel, stating it did not have jurisdiction to extend bridging visas and was not prepared to leave the decision open. As the primary criteria for the visa were not met, the Tribunal concluded that the secondary applicant also did not satisfy the relevant criteria.

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