Cabrera (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for the position of Residential Care Officer. The applicant sought review of a decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994, specifically whether the nomination of the position by Frangipani Gentle Care Group Homes Pty Ltd had been approved. The applicant had applied for the visa based on this nomination, which had a specified transaction reference number.

The Tribunal noted that the delegate's decision record indicated the nomination was refused on 22 August 2018. When requested to provide information regarding the nomination's status or any review application, the applicant did not provide a substantive response. At the hearing, the applicant indicated her employer was working on the sponsorship approval and that she was studying to become eligible. The Tribunal, pursuant to section 359AA of the Migration Act 1958, informed the applicant that departmental records showed the nomination was refused and there was no evidence of approval or a review application. The applicant stated that if the nomination had not been approved, she had no comment. The Tribunal concluded that the applicant had not met the requirement for an approved nomination under clause 187.233(3). As the secondary applicants applied as members of the first applicant's family unit, their applications also failed. The Tribunal affirmed the decision not to grant the visas.