Gill (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Café or Restaurant Manager. The applicant sought review of a decision affirming the refusal of her visa application.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 187.233 of the Migration Regulations, specifically concerning the approval of the nomination for the position. This clause mandates that the nomination must be approved by the Minister, not subsequently withdrawn, and that the visa application must be made within six months of the nomination's approval.

The Tribunal reasoned that a crucial element for a Subclass 187 visa in the Direct Entry stream is an approved nomination. It noted that a prior decision by the Tribunal had affirmed an application for review made by the nominator, which indicated that the nomination related to the applicant's visa application had not been approved. The applicant contended that she was eligible at the time of her application and had worked for the employer for approximately four years, but acknowledged the nomination was refused, albeit not due to her non-eligibility. The Tribunal found that as the requirement for an approved nomination had not been met, the applicant did not satisfy a primary criterion for the visa.

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