Fernandes (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, Direct Entry stream, for a Café or Restaurant Manager. The primary applicant sought review of a decision to affirm the refusal of the visa. The second applicant, who was the spouse of the primary applicant, sought reconsideration of her application as a member of the primary applicant's family unit. The decision was made by a member of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the primary applicant met the requirements of cl.187.233 of Schedule 2 to the Migration Regulations 1994, and consequently, whether the second applicant qualified as a member of a family unit. Specifically, the Tribunal had to consider whether the nominated position was approved, whether the nominator was the prospective employer, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator or associated persons, if the position remained available, and if the visa application was lodged within six months of the nomination approval.

The Tribunal's reasoning focused on the fact that the application for approval of the nominated position made by MADHULI ENTERPRISE PTY LTD, the nominator, had been refused by a delegate of the Minister for Home Affairs, and this refusal was subsequently affirmed by the Tribunal. As the nomination was not approved, the primary applicant could not meet the requirements of cl.187.233. Consequently, the Tribunal concluded that the second applicant, not being a member of a family unit of a person who had met the primary criteria, also did not qualify for the visa.

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