DHILLON (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, in the Direct Entry stream. The applicant sought review of a decision not to grant the visa. The Tribunal, constituted by Jennifer Cripps Watts, was required to determine whether the applicant met the criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233 of the Migration Regulations 1994, specifically subclause (3), which requires the nominated position to be the subject of an approved nomination. The Tribunal also considered whether the applicant had been afforded procedural fairness in relation to adverse information.

The Tribunal reasoned that while the nomination itself had been affirmed by the Tribunal on 28 August 2018, the applicant had failed to respond to an invitation to comment on adverse information by the required date of 12 September 2018, and did not seek an extension. Consequently, the Tribunal found that the applicant was not the subject of an approved nomination as required by cl.187.233(3), and therefore did not meet the criteria for the visa in the Direct Entry stream.

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