Faisal (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Motor Mechanic (General). The decision under review, which was not to grant the visa, was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 187 visa, specifically clause 187.233, which requires, among other things, that the position be the subject of an approved nomination. The Tribunal also considered the implications for secondary applicants if the primary applicant failed to meet the visa criteria.

The Tribunal reasoned that clause 187.233(3) mandates that the Minister must have approved the nomination for the position. In this case, the nomination application made by CS Automotive Services (Laverton) Pty Ltd was refused by the Department on 5 August 2020. Although a review was sought, the Tribunal (differently constituted) found it had no jurisdiction to review the refusal of the nomination on 11 July 2022. As the nomination had not been approved, the Tribunal concluded that clause 187.233 was not met. Consequently, as the primary criteria for the visa were not satisfied, the secondary applicants also failed to meet the secondary criteria under clause 187.311.

The Tribunal affirmed the decision not to grant the applicants Regional Employer Nomination (Permanent) (Class RN) visas.