Hamdani (Migration)

This matter concerned an application for review of a decision by the Migration Review Tribunal to affirm the refusal of a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to satisfy the criteria for this visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl.187.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines several conditions for the nominated position, including that the nomination must have been approved by the Minister and not subsequently withdrawn, and that the position must still be available to the applicant.

The Tribunal's reasoning focused on the fact that the nomination lodged by Tandoori Vibes – Restaurant and Bar was refused by a delegate of the Minister on 18 February 2019. The Tribunal had notified the applicant of this information and invited a response pursuant to s.359A of the Migration Act 1958, warning that failure to respond could result in a decision being made without further input and the loss of the entitlement to appear before the Tribunal. As the applicant did not respond to this notification, the Tribunal concluded that it could not be satisfied that the application was subject to an approved nomination, a prerequisite under r.187.233(3).

Consequently, the Tribunal affirmed the decision not to grant the applicant the visa, finding that the applicant had not met the essential criteria for the Subclass 187 visa in the Direct Entry stream.