Gyurcsikne Deme (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream. The applicant sought to have a decision affirmed that refused her visa application. The core of the dispute revolved around the applicant's failure to meet the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. The decision was made by Penelope Hunter, a Member of the Tribunal.

The Tribunal was required to determine whether the applicant satisfied clause 187.233, which outlines the criteria for a nominated position in the Direct Entry stream. Specifically, the Tribunal had to consider whether the nominated position had been approved, whether the employer who made the nomination was the prospective employer, whether there was any adverse information concerning the nominator, whether the position remained available to the applicant, and whether the visa application was made within six months of the nomination approval.

The Tribunal reasoned that the applicant could not satisfy clause 187.233 because the relevant nomination had not been approved. The Tribunal noted that the application to review the nomination refusal by Mode Hairdressing (QLD) Pty Ltd had been refused on 21 December 2021. Consequently, the Tribunal found that the applicant did not meet subclause 187.233(3). Furthermore, due to the liquidation of Mode Hairdressing (QLD) Pty Ltd, the Tribunal was not satisfied that the position would still be available to the applicant, meaning she also failed to meet subclause 187.233(5).

As the applicant had not met the essential criteria for the Subclass 187 visa in the Direct Entry stream, the Tribunal affirmed the decision not to grant the visa. The Tribunal also clarified that it was not its role to act as an advisor or advocate for applicants, but rather to determine whether visa criteria were met.