Gastrock (Migration)

This matter concerned an appeal by the applicant, Gastrock, against a decision to refuse her Regional Employer Nomination (Permanent) visa (Subclass 187) in the Direct Entry stream. The applicant's visa application was based on a nomination made by Frangipani Gentle Care Group Homes Pty Ltd. The core of the dispute revolved around whether the nomination had been approved, a prerequisite for the visa.

The Tribunal was required to determine whether the applicant met the criteria for a Subclass 187 visa in the Direct Entry stream, specifically whether the nomination of her position by Frangipani Gentle Care Group Homes Pty Ltd had been approved. This involved assessing whether the nomination was the subject of an approved nomination as required by clause 187.233 of the applicable regulations.

The Tribunal found that the nomination made by Frangipani Gentle Care Group Homes Pty Ltd was refused by the Department on 23 August 2018. Despite the applicant's belief, based on assurances from the nominating employer, that a review of the refusal had been lodged, the Tribunal found no evidence of such a review application or subsequent approval in either the Department's or the Tribunal's records. Consequently, the Tribunal concluded that the applicant did not meet the requirement that the nomination be approved, and therefore did not meet the criteria for the visa. The Tribunal affirmed the decision not to grant the visa.