Dalwadi (Migration)

This matter concerned an application for review of a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant, Priyankaben Vipulkumar Dalwadi, sought to satisfy the criteria for this visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Regulations, specifically concerning the necessity of being the subject of an approved nomination. This clause mandates that for the Direct Entry stream, the nominated position must have been approved under the relevant regulations, and certain conditions regarding the nominator, the availability of the position, and the timing of the visa application relative to the nomination approval must be satisfied.

The Tribunal reasoned that the applicant had failed to demonstrate that the nomination relied upon had been approved and met all the stipulated criteria. The Tribunal noted that the applicant did not respond to a request for comments on potentially adverse information concerning a related nomination, which was affirmed by the Tribunal in separate proceedings. Citing *Singh v MIBP* [2017] FCAFC 105, the Tribunal emphasised that the nomination supporting the visa application must be the one made at the time of the application. As the applicant had not satisfied the essential requirements for the Direct Entry stream, the Tribunal affirmed the decision to refuse the visa.