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 sought to be employed as a Motor Mechanic (General) by GEELONG AUTOCARE PTY LTD ATF GEELONG AUTOCARE TRUST. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically concerning the nomination of the position.

The primary legal issue was whether the nomination for the position of Motor Mechanic (General) was approved, had not been withdrawn, and remained available to the applicant, as required by clause 187.233 of the Migration Regulations. The Tribunal considered the evidence that the nomination lodged by GEELONG AUTOCARE PTY LTD ATF GEELONG AUTOCARE TRUST was refused on 20 July 2019. The applicant acknowledged that the nomination was not approved but believed the position might still be available.

The Tribunal reasoned that a key criterion for the visa is that the nominated position must be the subject of an approved nomination that has not been withdrawn and is still available. As the nomination in this case had been refused, it could not satisfy clause 187.233(3). The applicant had not made claims in respect of any other visa streams. Therefore, the Tribunal concluded that the applicant had not met the requirements for the Subclass 187 visa in the Direct Entry stream.

The Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa.