Gomez (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, made by Mr. Gomez. The applicant's nomination was made by Frangipani Gentle Care Group Homes Pty Ltd. The Administrative Appeals Tribunal was required to review the decision of the delegate to refuse the grant of the visa.

The primary legal issue before the Tribunal was whether the nomination associated with Mr. Gomez's visa application had been approved, as required by clause 187.233 of the Migration Regulations. The Tribunal also considered whether a future nomination by the employer could satisfy this requirement.

The Tribunal reasoned that the delegate had refused the nomination on 23 August 2018, and the applicant had not responded to a subsequent natural justice letter. No information was provided to suggest that the refusal decision had been set aside. The Tribunal noted that case law, specifically *Kaur v MIBP* [2017] FCCA 564, established that the nomination relied upon to satisfy clause 187.233 must be the one made at the time of the visa application. Therefore, a new nomination lodged by the employer in the future could not assist the applicant in this review. The Tribunal acknowledged the applicant's current employment with the nominating business and his desire to remain in Australia, but found no legislative provision to consider these circumstances or permit his continued stay for further experience.

The Tribunal affirmed the decision not to grant the visa to Mr. Gomez. As the primary applicant had not met the visa requirements, the Tribunal also affirmed the decision in respect of the secondary applicants, who had applied as members of his family unit.