Gill (Migration)

This matter concerned an appeal by an applicant for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought review of a decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the visa, specifically clause 187.233, which requires an approved nomination for the position. The Tribunal was required to determine if the applicant had provided evidence of an approved nomination, or if the nomination had been refused and that refusal had not been reviewed.

The Tribunal noted that the applicant's nomination, made by South Indian Restaurant, was refused by the Department on 11 April 2019 and this refusal had not been reviewed. The Tribunal had sought information from the applicant and their representative regarding their arguments, but no response was received. As an approved nomination is a mandatory criterion for the visa under clause 187.233(3), and this criterion was not met, the Tribunal affirmed the decision not to grant the visa. No referral for Ministerial intervention was made as the matter did not fit the Tribunal's guidelines.