Dimbulavitiye Kankanamalage (Migration)

This matter concerned an application for Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187, Direct Entry stream, for a position as a Hair or Beauty Salon Manager. The primary applicant sought review of a decision affirming the refusal of their visa application. The secondary applicant also sought review of a decision affirming the refusal of their visa application.

The central legal issue before the Tribunal was whether the nominated position remained the subject of an approved nomination, as required by clause 187.233 of the Migration Regulations. This clause mandates that the nomination must have been approved and not subsequently withdrawn, among other conditions. The Tribunal also considered whether the secondary applicant met the criteria for a Subclass 187 visa in their own right or as a family unit member.

The Tribunal reasoned that a critical requirement for the visa grant was an approved nomination that had not been withdrawn. In this case, the application for approval of the nominated position by Lancaster Enterprise Pty Ltd had initially been refused, and while an appeal was lodged with the Tribunal, the employer subsequently withdrew that appeal. Consequently, there was no approved nomination in existence. The Tribunal also noted that the secondary applicant had not provided evidence of meeting the primary criteria for the visa or being a member of the primary applicant's family unit.

The Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicants.