Gurung (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, by the applicant, Mr Gurung. The decision under review was affirmed by the Tribunal, presided over by Member Phoebe Dunn. The core dispute revolved around whether the applicant had met the criteria for an approved nomination as required by the relevant regulations.

The primary legal issue before the Tribunal was whether the applicant had satisfied clause 187.233 of the Migration Regulations 1994, specifically concerning the requirement for an approved nomination. This clause, as applicable, stipulated that the position to which the visa application related must be the subject of an approved nomination in regional Australia, and that the nomination must identify the applicant. Further requirements included that the nominator must be the prospective employer, the nomination must not have been withdrawn, there must be no adverse information known to Immigration, the position must remain available, and the visa application must be made within six months of the nomination's approval.

The Tribunal's reasoning focused on the status of the nomination application made by Sabeen Pty Ltd. It was established that this nomination application had been refused by a delegate of the Minister on 3 May 2019, and this refusal had been affirmed by the Tribunal. Consequently, the nomination application had not been approved, and the applicant was therefore not the subject of an approved nomination as mandated by clause 187.233(3). As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet this essential requirement, the Tribunal concluded that clause 187.233 was not met.

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