Grewal (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, direct entry stream, for a hairdresser. The applicant's employer, Sharma Traders WA Pty Ltd, had applied for approval of a nominated position. The primary legal issue before the Tribunal was whether the applicant met the criteria for the visa, specifically clause 187.233, which requires the nominated position to be the subject of an approved nomination that has not been withdrawn and remains available to the applicant.

The Tribunal was required to determine if the applicant's visa application could be granted given that the nomination application made by Sharma Traders WA Pty Ltd had been refused by a delegate of the Minister, and this refusal was affirmed by the Tribunal on review. The applicant's migration agent had informed the Tribunal that the employer was no longer running the business as it had closed down. The Tribunal also considered clause 187.311, which relates to secondary applicants being members of the family unit of the primary applicant.

The Tribunal reasoned that a fundamental requirement for the grant of this visa is an approved nomination. As the nomination application had been refused and this refusal affirmed, the criterion under clause 187.233 could not be met. The applicant's statement that the business had closed down further indicated that the nominated position was no longer available. Consequently, the Tribunal found that the applicant did not satisfy the primary criteria for the visa.

As the primary applicant did not satisfy the visa criteria, the Tribunal also found that the secondary applicants, who were family members, did not satisfy the secondary criteria under clause 187.311. Therefore, the Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicants.