Caguintuan (Migration)

This matter concerned an application for review of a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought to have the decision set aside and remitted to the Department for reconsideration. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically concerning the approval of the employer's nomination.

The central legal issue before the Tribunal was whether the nomination of the applicant's position by Frangipani Gentle Care Group Homes Pty Ltd had been approved, as required by clause 187.233 of the Migration Regulations. The applicant's visa application was based on a nomination that the Department had refused on 22 August 2018. The applicant claimed to have been informed by the nominating employer that a review of this refusal had been lodged, but no evidence of such a review or subsequent approval was found in the Departmental or Tribunal records.

The Tribunal reasoned that a key requirement for the Direct Entry stream of the Subclass 187 visa is that the employer's nomination must be approved. Despite the applicant's assertions and the potential belief that a review had been lodged, the available evidence indicated that the nomination was refused and had not been subsequently approved. The Tribunal provided the applicant with an opportunity to respond to this information, explaining that if it relied on these findings, it would conclude that the applicant did not meet clause 187.233(3) and that the decision under review would be affirmed. The applicant's response did not provide evidence of an approved nomination or a review application.

Consequently, the Tribunal affirmed the decision not to grant the applicant the visa, finding that the essential criteria for the Direct Entry stream had not been met due to the lack of an approved nomination.