HIMANSHU (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought review of a decision by the Department to refuse to approve a nomination for a position. The Tribunal was asked to consider the applicant's eligibility for the visa, which was contingent on an approved nomination.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the Subclass 187 visa, specifically clause 187.233, which requires, among other things, that the position be the subject of an approved nomination. The Tribunal also had to consider its jurisdiction, as the nominee had previously lodged an appeal to the Tribunal regarding the nomination itself, which was found to be out of time.

The Tribunal reasoned that it did not have jurisdiction to review the previous decision concerning the nominee's application for approval of the nomination, as that application was lodged outside the prescribed time limit. The Tribunal noted that the current application was solely a review of the Department's decision regarding the refusal to approve the nomination. As the applicant had not met the requirements for the Direct Entry stream, including the necessity of an approved nomination, the Tribunal affirmed the decision under review.