CALCAGNO (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Regional Employer Nomination (Permanent) visa, Subclass 187, in the Direct Entry stream. The dispute arose when the nomination of the applicant's position by Mediterraneus Pty Ltd was refused by the Department of Immigration. The applicant sought review of this refusal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations, specifically subclause (3), which mandates that the Minister must have approved the relevant nomination. The Tribunal also had to consider the procedural history concerning the review of the nomination refusal.

The Tribunal reasoned that clause 187.233(3) requires the nomination to be approved. In this instance, the nomination application was refused by the delegate on 29 August 2018. Mediterraneus Pty Ltd sought review of this refusal, but failed to attend a scheduled hearing and did not apply for reinstatement of their review application after it was dismissed. Consequently, the decision to refuse the nomination was affirmed. The Tribunal notified the visa applicant of this development and invited comments, but received no response. Based on the evidence that the nomination had been refused and not approved, the Tribunal concluded that clause 187.233(3) was not met.

The Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) visa, Subclass 187, as the applicant had not satisfied the necessary criteria for the Direct Entry stream.