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 to refuse the approval of a nomination made by Sangha Partners Pty Ltd. The Tribunal, constituted by Member Karen McNamara, was required to determine whether the applicant met the criteria for the visa, specifically clause 187.233.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233, which outlines the requirements for a nominated position in the Direct Entry stream. This clause mandates, among other things, that the nominated position must be located in regional Australia, that the nominator must be the prospective employer, that the nomination must have been approved and not withdrawn, and that the visa application must be made within six months of the nomination's approval. A critical aspect of the assessment was the status of the nomination itself.

The Tribunal reasoned that the applicant could not satisfy clause 187.233 because the nomination made by Sangha Partners Pty Ltd had been refused by the Tribunal on 22 July 2020. As the nomination was not approved, the requirement under clause 187.233(3) was not met. The Tribunal had previously notified the applicant of its intention to affirm the decision, providing an opportunity to comment, but no response was received within the prescribed period. Consequently, the Tribunal proceeded to make a decision without further comment.

The Tribunal affirmed the decision not to grant the applicants the Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187, as the applicant failed to meet the necessary criteria for the Direct Entry stream.