Godhu (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, Direct Entry stream. The applicant sought to have the decision of the Department of Immigration to refuse their visa application reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the subclass 187 visa, specifically concerning the employer's nomination. The Tribunal was required to determine if an approved nomination existed in relation to the applicant's visa application, as stipulated by clause 187.233 of the relevant legislative instrument.

The Tribunal reasoned that a fundamental requirement for the visa was an approved employer nomination that had not been withdrawn and was the subject of the applicant's declaration in their visa application. In this case, the employer's nomination by Mediterranean Catering had been refused by the Department on 11 October 2018 and this refusal was not subject to a review application. The Tribunal noted that, in accordance with existing authority such as *Singh v MIBP* [2017] FCAFC 105, a subsequent nomination, even for the same position by the same employer, could not satisfy the criteria because the visa application declaration related to a specific, past nomination event. As the applicant had not met this essential criterion, the Tribunal concluded that the decision under review should be affirmed.

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