Gandla (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of *Gandla (Migration)*, which concerned a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream. The applicant, Mr Gandla, was the subject of an approved nomination by an employer. However, the employer subsequently withdrew the nomination application, stating that the position was no longer available. The AAT was asked to review a decision that affirmed the refusal of the visa application.

The primary legal issue before the Tribunal was whether the applicant was still eligible for the visa given that the employer's nomination had been withdrawn and the nominated position was no longer available. This required the Tribunal to consider the legislative requirements for the visa, particularly those relating to the validity of the nomination at the time of the visa decision.

The Tribunal reasoned that the legislative framework for the Subclass 187 visa, specifically Regulation 5.19(3)(e) of the *Migration Regulations 1994* (Cth), required that a nomination must be in effect at the time the visa application is decided. As the employer had withdrawn the nomination, it was no longer in effect, and therefore the applicant could not satisfy this essential criterion for the visa. The Tribunal affirmed the decision under review, finding that the applicant had failed to meet the requirements for the grant of the visa.