Dhital (Migration)

The Administrative Appeals Tribunal considered the case of Mrs Jyotsna Dhital, Mr Nuna Rajupadhya, and Miss Aura Upadhyay, who sought review of a decision to refuse them Regional Employer Nomination (Permanent) (Class RN) visas, specifically under the Subclass 187 (Regional Sponsored Migration Scheme) Direct Entry stream. The dispute centred on whether the nomination for the position of Café or Restaurant Manager, to be filled by the applicants, had been approved.

The primary legal issue before the Tribunal was to determine whether the applicants had satisfied the criteria for a Subclass 187 visa in the Direct Entry stream, specifically concerning the requirement for an approved nomination. This involved assessing whether the nominated position was the subject of an approved nomination application as required by the Regulations, and whether the nomination had been approved and not subsequently withdrawn.

The Tribunal reasoned that for a Direct Entry stream application under Subclass 187, a key requirement is that the nominated position must have been approved. In this instance, the nomination for the Café or Restaurant Manager position was refused by the delegate on 21 October 2019, and the nominator had not sought a review of this decision. As the nomination had not been approved and there was no pending review, the Tribunal concluded that a fundamental criterion for the visa grant had not been met.

Consequently, the Tribunal affirmed the decision not to grant the applicants the Regional Employer Nomination (Permanent) (Class RN) visas, as the requirements for the Direct Entry stream had not been satisfied due to the lack of an approved nomination.