Gill (Migration)

This matter concerns an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Cafe or Restaurant Manager. The applicant sought review of a decision to affirm the refusal of this visa. The Tribunal, constituted by Sean Baker, was required to determine whether the applicant had satisfied the criteria for the visa, specifically concerning the approval of the nomination.

The central legal issue before the Tribunal was whether the nomination for the applicant's position as Cafe or Restaurant Manager had been approved as required by clause 187.233 of the Migration Regulations. This clause outlines several requirements, including that the nomination must have been approved and not subsequently withdrawn, that the employer is the nominator, and that there is no adverse information known to Immigration, or that such information can be disregarded. The Tribunal also considered whether the applicant had met the temporal requirement that the visa application be made no more than six months after the nomination was approved.

The Tribunal found that the nomination made by SRMS Pty Ltd in relation to the applicant's position had been refused by the Department, and this refusal had been affirmed by a differently constituted member of the Tribunal on 17 May 2021. Despite the applicant providing his work history and documents he believed supported the nomination, he did not dispute the refusal. The Tribunal concluded that the applicant had failed to satisfy the essential criterion that the nomination be approved.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 187 visa, as the requirements for the Direct Entry stream had not been met.