Fernandes (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant, a citizen of India, sought to have a decision affirmed that he did not meet the requirements for the visa. The applicant had been working in a restaurant in Seymour, but the restaurant had closed, and he stated he was not currently working. He also indicated that he did not have an approved business sponsor at the time of the hearing.

The Administrative Appeals Tribunal was required to determine whether the applicant met the requirements for approval of the nomination under the Direct Entry stream, as set out in regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal needed to consider whether the nominated position was still available, whether the applicant had an approved business sponsor, and whether all other relevant criteria under clause 187.233 were satisfied.

The Tribunal found that the applicant had not met the requirements for the Direct Entry stream. The applicant confirmed he did not have an approved sponsor and that the restaurant where he was to be employed had closed. The Tribunal noted that for the nomination to be approved, all the specified requirements must be met, and as these had not been satisfied, the decision under review was affirmed.

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