Grewal (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 a decision affirmed by the Administrative Appeals Tribunal (the Tribunal) which had affirmed the refusal of their nomination application. The Tribunal was presided over by Member Susan Trotter.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994. This clause outlines the criteria for a nominated position in the Direct Entry stream, including that the position must be located in regional Australia, be the subject of an approved nomination, and that the nominator must be the prospective employer. Further requirements, particularly for nominations made on or after 1 July 2017, include the identification of the applicant in relation to the position, the approval and non-withdrawal of the nomination, the absence of adverse information concerning the nominator or associated persons, the continued availability of the position, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the nomination application lodged by World Wide Immigration Consultancy Solutions Pty Ltd on behalf of the applicant had been refused by the Department on 18 April 2017, and this decision was affirmed by the Tribunal on 1 November 2018. Consequently, the Tribunal found that the applicant did not meet the requirements of clause 187.233 at the time of its decision, as the nomination had not been approved. The Tribunal also affirmed the decision not to grant the second and third applicants a visa, as they did not meet the secondary criteria as family members and had not met the primary criteria in their own right.

The Tribunal affirmed the decision not to grant the applicants Regional Employer Nomination (Permanent) (Class RN) visas.