ENUGANTI (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought review of a decision not to grant the visa. The core of the dispute revolved around whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994, specifically concerning the nominated position and the nominating employer.

The Tribunal was required to determine whether the nominated position was still available to the applicant and whether the applicant had satisfied all the criteria for the Subclass 187 visa in the Direct Entry stream. This included assessing whether the nominating employer was a valid entity and whether the nomination had been approved and not subsequently withdrawn. The Tribunal also considered the applicant's submission that the nominating employer had been deregistered prior to the visa application being lodged.

The Tribunal reasoned that to satisfy clause 187.233, the applicant must be the subject of an approved nomination for a position that is still available. Despite acknowledging the applicant's dismay and the impact on his mental health due to the actions of his migration agent, the Tribunal was bound to apply the legislation as it stood. The evidence indicated that the nominating employer was deregistered, meaning the position was no longer available in the manner required by the regulations. Consequently, the applicant had not met the essential criteria for the visa.

The Tribunal affirmed the decision not to grant the applicant the visa, finding that the requirements of clause 187.233 had not been met.