HO (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for the nominated position of Pastry Cook. The applicant sought review of a decision to refuse the visa. The Tribunal, constituted by Karen Synon, was required to determine whether the applicant met the criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233 of the Migration Regulations 1994, which pertains to the nomination of a position. This clause requires, among other things, that the nominated position be located in regional Australia, that the nomination has been approved and not withdrawn, that the position remains available, and that the visa application is made within six months of the nomination's approval.

The Tribunal reasoned that the applicant had not satisfied clause 187.233 because the nomination for the position of Pastry Cook by YUMYUM CAFÉ BAKERY PTY LTD was refused on 25 July 2017. As the applicant was not the subject of an approved nomination, they failed to meet the primary criteria for the Subclass 187 visa in the Direct Entry stream. Consequently, the secondary applicants, who relied on the primary applicant's eligibility, also failed to meet the secondary criteria. The Tribunal affirmed the decision not to grant the visas.