Fan (Migration)

This matter concerned a visa applicant seeking review of a decision not to grant a Regional Employer Nomination (Permanent) (Class RN) visa. The applicant was represented before the Tribunal, which was tasked with determining whether the applicant was the subject of an approved nomination as required by the relevant migration regulations.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations. This clause mandates that the position to which the visa application relates must be the subject of an approved nomination, located in regional Australia, and that such nomination must not have been subsequently withdrawn. The Tribunal was required to consider whether the nomination had, in fact, been approved.

The Tribunal reasoned that clause 187.233(3) specifically requires that the Minister has approved the nomination. The evidence before the Tribunal indicated that the decision not to approve the nomination had been affirmed by the Tribunal on 23 July 2018, and crucially, the nomination had not been approved. Consequently, the Tribunal concluded that clause 187.233 was not met. Despite acknowledging the applicant's disappointment and understanding of the nomination's importance, the Tribunal affirmed the original decision.