El Abdallaoui (Migration)

This matter concerned an application by Mr El Abdallaoui for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), under the direct entry stream. The applicant sought to have a decision of the Department of Home Affairs affirmed by the Tribunal. The Tribunal, constituted by Senior Member Michelle East, considered whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for the Subclass 187 visa in the direct entry stream, specifically concerning the nominated position. This involved determining if the nominated position had been approved and had not been subsequently withdrawn, as required by clause 187.233(3) and (4). The Tribunal also considered other related requirements of clause 187.233, including the identity of the employer, the availability of the position, and the timing of the visa application relative to the nomination approval.

The Tribunal's reasoning focused on the status of the nomination application. It found that the nomination made by Byron Bay Mixed Martial Arts Pty Ltd ATF Extreem MMA Trust had been refused. Consequently, the nomination had not been approved, and the requirement under clause 187.233(3) was not met. As the applicant had only sought to satisfy the criteria for the direct entry stream and had failed to meet this essential requirement, the Tribunal concluded that the decision under review should be affirmed.

The Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa.