GILL (Migration)

This matter concerned an appeal by an applicant for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), direct entry stream. The applicant sought review of a decision to refuse her nomination application, which had been affirmed by the delegate. The dispute centred on whether the nomination made by SRAN Australia Pty Ltd, the proposed employer, met the requirements of cl 187.233 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nomination made by SRAN Australia Pty Ltd had been approved as required by cl 187.233. This involved determining whether the nominated position was still available to the applicant, whether the nominating business was still operating, and whether the nomination itself had been approved and not subsequently withdrawn. The Tribunal also considered whether there was any adverse information known to the Department concerning the nominator or associated persons.

The Tribunal reasoned that a key requirement of cl 187.233 is that the nomination must have been approved and not subsequently withdrawn, and that the nominated position must still be available to the applicant. The applicant informed the Tribunal that the nominating business was no longer operating and that she had commenced her own business in the same premises. Despite the applicant's claim that the Director of the nominator was still willing to sponsor her, the Tribunal found that, on the evidence before it, the nomination had not been approved. The Tribunal had invited comment on this issue, but no response was received from the nominator. Consequently, the Tribunal concluded that the applicant did not meet cl 187.233(3) and that the criteria for the Subclass 187 visa in the Direct Entry stream were not satisfied.

The Tribunal affirmed the delegate's decision not to grant the applicant the Regional Employer Nomination (Permanent) (Class RN) visas.