Goyal (Migration)

This matter concerned an application for review by Mr Gaurav Goyal of a decision to refuse him a Regional Employer Nomination (Permanent) visa (Subclass 187). The dispute centred on whether the nominated position for which Mr Goyal applied was the subject of an approved nomination, a prerequisite for the visa grant. The review was heard by the Administrative Appeals Tribunal, presided over by Warren Stooke AM.

The primary legal issue before the Tribunal was whether Mr Goyal satisfied the criteria for the Subclass 187 visa, specifically concerning the requirement for an approved nominated position as stipulated in Part 187 of Schedule 2 to the Migration Regulations 1994. The Tribunal had previously notified Mr Goyal that the associated nomination review for Kartar Family Trust had been affirmed, indicating that the nominated position was not approved. Mr Goyal's representative requested a deferral of the decision pending an appeal concerning the nominated sponsor, which the Tribunal considered but ultimately declined.

The Tribunal reasoned that it was bound to deal with cases expeditiously and efficiently and would not speculate on the outcome of appeals. Mr Goyal himself provided evidence stating he did not have an approved nomination and that approval had been refused. He testified that he had been nominated as a Post Office Manager and had been performing the duties associated with that role, but acknowledged that the owner's evidence regarding the scope of duties was incomplete. The Tribunal noted that for Direct Entry stream applicants under clause 187.233, the nominated position must be the subject of an application for approval under the relevant regulations.

The Tribunal concluded that the decision under review should be affirmed. This was because the evidence indicated that the nominated position for Mr Goyal's visa application was not the subject of an approved nomination, a failure to meet a mandatory criterion for the grant of the visa.