Dhillon (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, in the Direct Entry stream, for the position of Café or Restaurant Manager. The applicant sought a referral for Ministerial Intervention after the Tribunal affirmed a decision to refuse the visa. The dispute centred on whether the applicant had an approved nominating sponsor and position, a crucial requirement for the visa.

The legal issues before the Tribunal were whether the applicant met the criteria for the Subclass 187 visa, specifically concerning the requirement for an approved nomination, and whether there were any unique or exceptional circumstances warranting Ministerial Intervention. The Tribunal was also required to consider the applicant's submissions regarding the availability of Ministerial Intervention powers.

The Tribunal reasoned that a fundamental requirement for the visa was an approved nomination, and that this requirement had not been met. This was because, in a related case, the Tribunal had determined that the proposed nominator, Casa Diverso Pty Ltd, did not meet the necessary requirements and had affirmed the refusal of the nomination. Consequently, the applicant could not provide evidence of an approved nominating sponsor. The Tribunal noted that the Minister's guidelines for intervention generally require unique or exceptional circumstances, which were not demonstrated by the applicant. As the applicant failed to satisfy the essential criteria for the visa in the Direct Entry stream, the Tribunal affirmed the decision under review.