Garg (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a Retail Manager. The applicant sought review of a decision to refuse the visa.

The Tribunal was required to determine whether the nomination of the position, as required by clause 187.233(1) of the relevant regulations, had been granted. This involved considering whether the nominated position met the criteria for a Direct Entry nomination under regulation 5.19(4)(h)(ii) or a Regional Sponsored Migration Scheme nomination under regulation 5.19(4) as it existed prior to 1 July 2012. Further, the Tribunal had to assess if the nomination was approved, not withdrawn, and if there was any adverse information concerning the nominator.

The Tribunal reasoned that the nomination application lodged by Atlantic Petroleum P/L was refused on 4 August 2017. As the nomination application had been refused, clause 187.233(3) was not met, and consequently, the applicant did not satisfy clause 187.233. The delegate had also considered other streams of the Subclass 187 visa, including the Temporary Residence Transition stream and the Agreement stream, finding that the applicant did not meet the criteria for these streams due to the failure to satisfy the nomination requirements under regulations 5.19(3) and 5.19(4) respectively. The Tribunal also found that the secondary criteria under clause 187.311 were not met.

The Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas, as the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet those requirements.