Estevez Martinez (Migration)

The Administrative Appeals Tribunal considered the case of Estevez Martinez concerning an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream. The applicant sought to have a decision affirmed that denied the visa. The core of the dispute revolved around the validity of the nomination for the position of Retail Manager (General).

The Tribunal was required to determine whether the applicant met the criteria for the Subclass 187 visa, specifically focusing on clause 187.233 of the Migration Regulations. Key issues included whether the nominator was still a registered entity, whether the nominated position remained available to the applicant, and whether the nomination itself had been approved and not subsequently withdrawn. The Tribunal also had to consider the implications of adverse information regarding the nominator.

The Tribunal's reasoning centred on the fact that the nominator, FRESHMEX CITY SQUARE PTY LTD, had been deregistered by the Australian Securities & Investments Commission (ASIC) on 1 August 2018, with no evidence of reinstatement. This fact led the Tribunal to conclude that it could not be satisfied that the nominated position was still available to the applicant, nor that the application was subject to an approved nomination as required by subclauses 187.233(5) and 187.233(3) respectively. The Tribunal had notified the applicant of this information and invited a response, but no information was provided within the prescribed period. Consequently, the Tribunal affirmed the decision not to grant the visa.