Chaudhari (Migration)

This matter concerned an appeal by an applicant for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought review of a decision not to grant the visa. The central dispute revolved around whether the applicant's nomination for the visa had been approved.

The Administrative Appeals Tribunal (Cth) was required to determine whether the applicant met the criteria for the Subclass 187 visa, specifically whether there was an approved nomination in place. This involved considering the implications of a withdrawn review application for the nomination and the subsequent finality of the delegate's decision to refuse the nomination.

The Tribunal reasoned that a prerequisite for granting a Subclass 187 visa is an approved nomination. In this case, the review application for the nomination refusal had been withdrawn, rendering the delegate's refusal decision final. Consequently, there was no approved nomination, and the applicant could not satisfy the requirements of clause 187.233(3) of the Migration Regulations 1994. The Tribunal noted that it lacked the discretion to reinstate a withdrawn review application and that the requirement for an approved nomination was a question of fact that had not been met.

As the applicant failed to meet the essential criterion of having an approved nomination, the Tribunal affirmed the decision not to grant the visa.