Fateh (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Subclass 187 (Regional Employer Nomination (Permanent) (Class RN)) visa, specifically under the Direct Entry stream. The applicant sought to satisfy the criteria for this visa based on a nomination made by a company, IT'S A BARGAIN BUILDING SERVICES PTY LTD. The Tribunal, constituted by Mark Bishop, was required to determine whether the applicant met the relevant criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant's visa application could be granted given that the nomination lodged by the employer had been refused by the Department of Home Affairs. Specifically, the Tribunal had to consider the requirements of clause 187.233 of the Migration Regulations 1994, which mandates that the position to which the visa application relates must be the subject of an approved nomination. The Tribunal also considered information provided to the applicant regarding the refusal of the nomination and the subsequent deregistration of the nominator company.

The Tribunal reasoned that a fundamental requirement for the grant of a Subclass 187 visa in the Direct Entry stream is that the nomination must have been approved and not subsequently withdrawn. The evidence before the Tribunal indicated that the Department of Home Affairs had refused the nomination on 8 June 2019, and this decision stood because the nominator company had been deregistered and its subsequent merits review application was found to be outside the Tribunal's jurisdiction. Consequently, the Tribunal concluded that the requirement for an approved nomination had not been met.

As the applicant had not satisfied the essential criteria for the Subclass 187 visa in the Direct Entry stream, the Tribunal affirmed the decision under review not to grant the visa.