Dutta (Migration)

This matter concerned an application for review of a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought to rely on a nomination made by Global Enterprises Australia Pty Ltd. The primary dispute revolved around whether the nomination had been approved, as required by the relevant visa criteria.

The Tribunal was required to determine whether the applicant met the criteria for the Subclass 187 visa, specifically clause 187.233, which mandates that the nominated position must be the subject of an approved nomination. The Tribunal also considered its jurisdiction in relation to the nominator's application for review of the nomination refusal.

The Tribunal reasoned that the associated nomination had been refused by the Department and that a review of this refusal could not be completed because the nominator, Global Enterprises Australia Pty Ltd, had been deregistered. Consequently, the Department's decision refusing the nomination stood. The Tribunal noted that the applicant had not responded to an invitation to provide comments on information that would be part of the reason for affirming the decision, which included the Tribunal's lack of jurisdiction over the nominator's review application. As the nomination was refused and the nominator deregistered, the Tribunal found that the requirements of cl.187.233(3) and cl.187.233(5) were not met.

The Tribunal affirmed the decision not to grant the first named applicant a Regional Employer Nomination (Permanent) (Class RN) visa. The Tribunal also stated that it had no jurisdiction in respect of the second named applicant.