Ellison (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to be employed as a Child Care Centre Manager. The review was conducted by Penelope Hunter, a Member of the Tribunal.

The central legal issue before the Tribunal was whether the applicant met the requirements of cl. 186.233 of the Regulations, specifically concerning the nomination of a position. For applicants in the Direct Entry stream, this clause requires that the position be the subject of an approved nomination application under either r. 5.19(4)(h)(i) or r. 5.19(2) (as it stood prior to 1 July 2012), and that this nominated position be the one declared in the current visa application.

The Tribunal found that the applicant had not provided evidence of an approved nomination. It noted that the nomination application made by Mungindi Helping Hands Family Daycare Pty Ltd had been refused by the Department and this refusal was affirmed by the Tribunal on review on 13 June 2018. As this was the nomination that was the subject of the declaration when the visa application was lodged, and it had not been approved, the Tribunal concluded that cl. 186.233(3) was not met. Since the applicant had only sought to satisfy the criteria for the Subclass 186 visa in the Direct Entry stream and had failed to meet the necessary requirements, the Tribunal affirmed the decision not to grant the visa.