Hayat (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, Direct Entry stream, by an applicant seeking to work as a Retail Manager. The applicant's nomination was refused by a delegate of the Minister, and this decision was subsequently affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of clause 187.233 of the Regulations, which pertains to the nomination of a position for the Direct Entry stream. This clause mandates that the nominated position must have been approved and not subsequently withdrawn, among other conditions, including that the visa application was made within six months of the nomination's approval. The Tribunal also considered whether the applicant met the criteria for other streams of the subclass 187 visa, namely the Temporary Residence Transition stream and the Agreement stream.

The Tribunal reasoned that the applicant's nomination was refused on 16 August 2017, meaning the requirement under reg.187.233(3) that the nomination be approved was not met. Consequently, the delegate was not satisfied that the applicant met the criteria for the Direct Entry stream. Furthermore, the Tribunal found that the applicant did not satisfy the requirements for the Temporary Residence Transition stream under reg.187.223, as the nomination was not made or assessed under reg.5.19(3). Similarly, the applicant did not meet the criteria for the Agreement stream under cl.187.242, as the position was not nominated in accordance with a Labour agreement.

As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet those requirements, the Tribunal affirmed the decision not to grant the visa.