Dible (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), in the Direct Entry stream. The applicant sought to have a decision reviewed by the Tribunal, which had affirmed the decision not to grant the visa. The core of the dispute revolved around whether the applicant met the criteria for the visa, specifically concerning the nomination of the position.

The legal issue before the Tribunal was whether the applicant satisfied clause 187.233 of the Migration Regulations 1994, which sets out the requirements for a nominated position in the Direct Entry stream. This clause mandates that the nominated position must be located in regional Australia, be the subject of an approved nomination, and that the applicant must be identified in relation to the position if the nomination was made on or after 1 July 2017. Further requirements include that the nominator must be the prospective employer, the nomination must be approved and not withdrawn, there must be no adverse information known to Immigration about the nominator or associated persons (or such information must be disregarded), the position must remain available, and the visa application must be made within six months of the nomination's approval.

The Tribunal found that the nomination lodged by Clover3 West Pty Ltd on behalf of the applicant had not been approved at the time of the Tribunal's decision. Consequently, the Tribunal concluded that the applicant did not meet the requirements of clause 187.233. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet those requirements, the Tribunal affirmed the decision under review.