Dhaliwal (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, by an applicant who was nominated by Hridhaan Enterprises Pty Ltd for the position of Café or Restaurant Manager. The applicant sought review of a decision to refuse his visa application. The Tribunal, constituted by Vanessa Plain, was required to determine whether the applicant's nominated position met the requirements of clause 187.233 of the Migration Regulations 1994.

The primary legal issue was whether the nominated position satisfied clause 187.233, which outlines several criteria for a position to be considered for a Subclass 187 visa in the Direct Entry stream. These criteria include that the position must be the subject of an approved nomination, that the employer is the nominator, that the nomination has not been withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons (or it is reasonable to disregard such information), that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the applicant's nominated position did not meet the requirements of clause 187.233 because the nomination lodged by Hridhaan Enterprises Pty Ltd was refused by a delegate of the Minister for Home Affairs on 19 September 2018, and this refusal was affirmed by the Tribunal on 7 February 2022. As the nomination was refused and not approved, a fundamental requirement of clause 187.233 was not met. Consequently, the Tribunal concluded that the applicant had failed to satisfy the criteria for the Subclass 187 visa in the Direct Entry stream.

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