Durand-Allize (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 Direct Entry stream. The applicant had lodged her visa application based on a nomination for a position made by Fair Business. The Tribunal, constituted by R. Skaros, was required to determine whether the applicant met the relevant criteria for this visa subclass.

The central legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 187.233 of the Migration Regulations. This clause mandates that for applicants in the Direct Entry stream, the position to which the application relates must be the subject of an approved nomination. Specifically, it requires that the nomination has been approved and, for nominations made on or after 1 July 2017, that the applicant is identified in that nomination.

The Tribunal reasoned that for the applicant to succeed, the associated nomination for the position had to be approved. It noted that the review of the decision in respect of the associated nomination had been withdrawn. Consequently, as the relevant nomination had not been approved, the Tribunal found that the requirement in clause 187.233(3) was not met, and therefore clause 187.233 as a whole was not satisfied. As the applicant had only sought to satisfy the criteria for the Subclass 187 visa in the Direct Entry stream and these requirements were not met, the Tribunal affirmed the decision not to grant the visa.