Gill (Migration)

This matter concerned an application for review of a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant, Gill, sought to have the decision of the Department of Immigration and Border Protection affirmed by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 187 visa in the Direct Entry stream, specifically concerning the nomination of a position. This involved determining whether the nominated position had been approved by the Department and whether the applicant had satisfied the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994.

The Tribunal reasoned that the nominator's application for approval of the nominated position had been refused by the Department. The applicant had failed to provide any substantive response or comments to the Tribunal's invitation to address this refusal. Consequently, the Tribunal found that the applicant did not meet the criteria in cl.187.233(3) because the nomination had not been approved. The Tribunal relied on the principles articulated in *Singh v MIBP* [2017] FCAFC 105, which emphasised that the visa application is assessed against a specific, approved employer nomination.

The Tribunal affirmed the decision under review, concluding that the applicant had not met the requirements for the Subclass 187 visa in the Direct Entry stream.