Caggiano (Migration)

This matter concerned a review of a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme) – direct entry stream, for a restaurant manager. The applicant was the proposed nominee, and the nominator was Pigs Palace Pty Ltd. The core of the dispute was whether the applicant met the requirements for the visa, specifically concerning the approval of the nominated position.

The Tribunal was required to determine whether the applicant satisfied clause 187.233 of the Migration Regulations 1994, which mandates that the position be the subject of an approved nomination in regional Australia, that the nominator be the prospective employer, that the nomination be approved and not withdrawn, and that there be no adverse information concerning the nominator or associated persons, or that such information be disregarded. Additionally, the position must remain available to the applicant, and the visa application must have been made within six months of the nomination's approval.

The Tribunal noted that the nominator's application to have the position of Restaurant Floor Manager approved was refused by the Department of Home Affairs on 21 February 2019. This refusal was subsequently affirmed by the Tribunal on 16 May 2022. The Tribunal then invited the applicant to comment on this information, which was considered a reason for affirming the visa refusal, as it indicated the nomination was not approved. As the applicant failed to provide any response or comment within the stipulated timeframe, the Tribunal concluded that the applicant did not meet the requirement for an approved nomination.

Consequently, the Tribunal affirmed the decision under review, finding that the applicant did not satisfy clause 187.233 of the Migration Regulations 1994 due to the lack of an approved nomination.