Dhakla (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for an Accommodation & Hospitality Manager. The applicant's nomination was refused, and the Administrative Appeals Tribunal (the Tribunal) was required to review this decision.

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 outlines several criteria for the approval of a nomination, including that the nominated position must be located in regional Australia, the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, there must be no adverse information concerning the nominator or associated persons, the position must remain available, and the visa application must be made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 nomination made by Black Pepper Investments Pty Ltd ATF Deen Unit Trust had been refused on 9 May 2019. As clause 187.233(3) requires the nomination to be approved, this criterion was not met. Subsequently, the Tribunal wrote to the applicant on 10 May 2019, providing notice under s.359A of the Migration Act 1958 and inviting comments on information that would form the basis of affirming the decision. The applicant failed to provide the requested comments within the prescribed period, and no extension was granted. In accordance with s.359C and s.360(3) of the Act, the Tribunal proceeded to make a decision without further comment from the applicant, noting that the applicant had no entitlement to a hearing in these circumstances.

The Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, as the requirements of the Direct Entry stream had not been met due to the refusal of the nomination.