Chawla (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, made by Mrs Chawla. The dispute before the Administrative Appeals Tribunal (AAT) was whether the applicant had met the requirements for the visa, specifically concerning an approved nomination for the position of Café or Restaurant Manager.

The primary legal issue before the Tribunal was whether the applicant had satisfied clause 187.233 of the Migration Regulations 1994, which requires, among other things, that the position be the subject of an approved nomination. This clause mandates that the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, and certain conditions regarding adverse information and the availability of the position must be met.

The Tribunal found that the nomination application made by Terrigal Memorial Country Club Limited had been refused by the delegate and that no appeal had been lodged against this refusal. Consequently, the nomination was not approved and could no longer be approved. As an approved nomination was a mandatory requirement under clause 187.233(3), the applicant had failed to meet this criterion. The Tribunal also noted that secondary applicants were not members of a family unit of a person holding a Subclass 187 visa and had not met the primary criteria in their own right.

The Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicants.