Gill (Migration)

The Administrative Appeals Tribunal affirmed the refusal of a Subclass 187 Regional Sponsored Migration Scheme visa (direct entry stream) and the related nomination application for a restaurant manager. The applicant was the subject of the approved position nomination.

The Tribunal was required to determine whether the applicant met the criteria for the visa and the nomination, particularly in light of the applicant's failure to respond to the Tribunal's invitation to comment, even after an extension of time was granted.

The Tribunal considered the evidence before it, including the refusal of the nomination application. It noted that the applicant had been given an opportunity to provide further information or submissions following the grant of an extension of time, but no response was received. In the absence of any material to the contrary, the Tribunal concluded that the applicant had not established that the decision to refuse the nomination application was incorrect. Consequently, as the visa application was dependent on the nomination, the Tribunal affirmed the refusal of the visa application.