Combochi (Migration)

This matter concerned an appeal by the applicant, Mr. Combochi, against a decision to refuse his application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The core dispute revolved around whether the applicant's position was the subject of an approved nomination as required by the relevant migration regulations.

The Tribunal was required to determine whether the applicant met the criteria under clause 187.233 of the Migration Regulations, specifically whether the position to which his visa application related was the subject of an approved nomination. This involved assessing whether the nomination had been approved, had not been withdrawn, and met other associated requirements, such as the applicant being identified in the nomination and the visa application being made within six months of the nomination's approval.

The Tribunal reasoned that the nomination in question had not been approved; rather, the Department had refused the nomination, and this refusal was affirmed by the Tribunal on 20 December 2022. The applicant was given an opportunity to comment on this information but did not respond. Consequently, the Tribunal concluded that the essential requirement of an approved nomination, as stipulated by clause 187.233(3), was not met. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet this fundamental requirement, the Tribunal affirmed the decision under review.