Farag (Migration)

The Administrative Appeals Tribunal considered a decision concerning an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, in the direct entry stream. The applicant sought review of a decision that affirmed the refusal of their visa application.

The primary legal issue before the Tribunal was whether the applicant's employer's nomination application had been approved. This was crucial because the applicant's eligibility for the Subclass 187 visa was contingent upon an approved nomination.

The Tribunal reasoned that the employer's nomination application had been refused by the Department on 30 September 2019, and no application for review of this refusal was lodged by the nominator. Consequently, the Tribunal found that there was no pending review application and the decision regarding the nomination had been finally determined. The applicant acknowledged awareness of this fact and the potential consequences. The Tribunal declined the applicant's request for an adjournment, deeming the reasons insufficient and noting its obligation to provide a fair, just, economical, informal, quick, and proportionate review mechanism. As the essential requirement of an approved nomination was not met, the Tribunal affirmed the decision not to grant the visa.