Butt (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought to have a decision affirmed that refused the approval of a nomination made by Bal Brothers Pty Ltd for the position of Telecommunications Field Engineer. The Tribunal was required to determine whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994, specifically concerning the nomination of the position.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233, which mandates, among other things, that the nominated position must be the subject of an approved nomination. The Tribunal also considered the effect of the applicant's failure to respond to a notice issued under section 359A of the Migration Act 1958, which invited comments on information that would form the basis of the Tribunal's decision.

The Tribunal reasoned that a prerequisite for meeting clause 187.233 was that the nomination must have been approved and not subsequently withdrawn. As the nomination made by Bal Brothers Pty Ltd had been refused, this essential criterion was not met. Furthermore, the Tribunal had issued a notice under section 359A inviting the applicant to respond to information relevant to the refusal of the nomination. The applicant failed to provide a response within the prescribed period, and no extension was granted. Consequently, the Tribunal applied section 359C of the Act, which, in these circumstances, meant the applicant was not entitled to appear before the Tribunal, as per section 360(3). The Tribunal affirmed the decision under review.