Dal Bo' Aliabeva (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, by the applicant, Dal Bo' Aliabeva. The decision under review was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233, specifically concerning the nomination of the position. This clause requires that the position be the subject of an approved nomination in the Direct Entry stream, located in regional Australia, and that the nomination identifies the applicant. Further, the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, and there must be no adverse information known to Immigration, or such information must be disregardable. The position must also remain available to the applicant.

The Tribunal noted that the applicant's nominator, AB7 PTY LTD, had applied for approval of a nomination for the position of Office Manager on 23 August 2019, which nominated the applicant. However, this nomination was rejected on 18 September 2019, and a subsequent review of that refusal by the Tribunal on 9 June 2023 affirmed the decision not to approve the nomination. Consequently, the Tribunal found that there was no approved nomination that concerned the applicant, meaning clause 187.233(3) was not met. The Tribunal had invited the applicant to respond to this information, but no response was provided within the prescribed time.

As the essential criterion of an approved nomination was not met, and no claims were made in respect of other visa streams, the Tribunal affirmed the decision not to grant the applicant the visa.