Gadhiya (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream. The applicant sought to have the decision of the Minister set aside, with the review being heard by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the Subclass 187 visa, specifically concerning the requirement for an approved nomination. The Tribunal was required to consider whether the position nominated was correctly identified, whether the nominator was the intended employer, if the nomination had been approved and not withdrawn, and if there was any adverse information concerning the nominator. Additionally, the Tribunal had to determine if the position remained available and if the visa application was lodged within the prescribed timeframe after nomination approval.

The Tribunal found that the applicant had failed to establish that the criteria for the visa had been met. Crucially, the applicant informed the Tribunal that they did not have a current nomination and could not provide a copy of one. The Tribunal also noted that the applicant's representative sought a short adjournment to ascertain the status of a related application, which the Tribunal agreed to consider. However, based on the evidence presented and the applicant's admission regarding the lack of a current nomination, the Tribunal concluded that the requirements for the Direct Entry stream were not satisfied.

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