Chowdhury (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, by Mr. Chowdhury. The Tribunal was required to determine whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria under cl.187.233, specifically concerning the requirement for an approved nomination. This clause mandates that the position to which the visa application relates must be the subject of an approved nomination in the Direct Entry stream, located in regional Australia. Further, where the nomination was made on or after 1 July 2017, it must identify the applicant in relation to the position. The clause also stipulates that the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, and there must be no adverse information known to Immigration, or any such information must be reasonable to disregard. Additionally, the position must remain available to the applicant, and the visa application must be lodged no more than six months after the nomination's approval.

The Tribunal found that the applicant had not met the requirements of cl.187.233 because the nomination made by ANRR Pty Ltd in respect of the applicant had been refused. The Tribunal had affirmed the decision to refuse the nomination approval on 2 August 2018. As the nomination was refused, the Tribunal concluded that subregulation 187.233(3), which requires the nomination to be approved, was not met. Consequently, the Tribunal affirmed the decision not to grant Mr. Chowdhury the visa.