Godara (Migration)

The Administrative Appeals Tribunal considered the case of Mr Godara concerning his application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The core dispute revolved around whether the applicant had satisfied the requirement of having an approved nomination for the position he sought to be employed in.

The Tribunal was tasked with determining whether the applicant met the criteria under clause 187.233 of the Migration Regulations, specifically whether the position was the subject of an approved nomination. This clause requires, among other things, that the nomination has been approved and not subsequently withdrawn, and that the visa application was made within six months of the nomination's approval.

The Tribunal's reasoning focused on the status of the nomination. It noted that the nomination lodged by Panafic Pty Ltd was initially refused by the Department. While the Tribunal had affirmed the refusal of the nomination on 2 December 2022, this information was provided to the applicant via a section 359A invitation, requesting comment or response. The applicant failed to respond to this invitation within the stipulated timeframe, nor did he seek an extension. Consequently, the Tribunal concluded that the nomination was not approved and had not been subsequently withdrawn, meaning the applicant could not satisfy clause 187.233(3).

As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet the essential requirement of an approved nomination, the Tribunal affirmed the decision under review. The Tribunal therefore affirmed the decision not to grant Mr Godara the Subclass 187 visa.