Chhabra (Migration)

This matter concerned an appeal by an applicant for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant's nominated position was that of a Restaurant Manager. The core of the dispute revolved around the validity and approval of the nomination required for this visa subclass.

The Tribunal was required to determine whether the applicant had satisfied the criteria for the Subclass 187 visa, specifically under clause 187.233 of the Migration Regulations 1994. This involved assessing whether the position to which the visa application related was the subject of an approved nomination, whether the nominator was the prospective employer, and whether the nomination had been approved and not withdrawn. The Tribunal also considered the timing of the visa application relative to the nomination approval and the presence of any adverse information.

The Tribunal reasoned that a fundamental requirement for the Direct Entry stream of the Subclass 187 visa is that the position must be the one in relation to which a declaration was made as part of the visa application, and that this declaration must be supported by an approved nomination. In this case, the initial nomination by SUPERB CHEFS PTY LTD was refused, and a subsequent attempt to appeal this refusal was found to be outside the Tribunal's jurisdiction. The applicant sought additional time to obtain a nomination from a different sponsor, but the Tribunal held that a later nomination, even for the same position by the same employer, could not satisfy the Schedule 2 criteria, citing relevant case law.

Consequently, the Tribunal concluded that the applicant had not met the essential requirements for the Subclass 187 visa in the Direct Entry stream, as the necessary approved nomination was not in place. The Tribunal affirmed the decision not to grant the visa.