Damania (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to have the decision to refuse their visa affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994. This clause mandates that for the Direct Entry stream, the position to which the application relates must be the subject of an approved nomination under specific subregulations, and that the applicant must be identified in that nomination. Further requirements include that the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, there must be no adverse information known to the Department, the position must remain available, and the visa application must be made within six months of the nomination's approval.

The Tribunal reasoned that the applicant had not satisfied clause 187.233 because they were not the subject of an approved nomination. The Tribunal noted that a decision had been made on 10 April 2018 affirming the refusal of the nomination for the visa applicant as a Health Practice Manager, and there was no awareness of any further or other nomination in respect of the nominee. Consequently, the Tribunal found that the Minister had not approved a nomination, and therefore, the criteria for the visa in the Direct Entry stream were not met.

The Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa.