HUNDAL (Migration)

This matter concerned an application for review of a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to have the decision set aside by the Tribunal, which was required to consider whether the associated nomination for the position had been approved.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994, specifically concerning the approval of the nomination and the continued availability of the nominated position. This involved determining if the nomination application had been approved, if the nominating entity was still in existence, and if the position remained available to the applicant.

The Tribunal reasoned that clause 187.233(3) requires the Minister to have approved the nomination. In this case, the nomination application was refused by the Department on 22 December 2017. While the nominating entity, Bukhari Pty Ltd, applied for review of this refusal, the Tribunal found it lacked jurisdiction to review that decision due to the nominating entity having been deregistered on 12 December 2018. The Tribunal also noted that the nominated position was no longer available to the applicant because the nominating entity no longer existed. Consequently, the Tribunal concluded that the applicant did not meet the criteria for the visa.

The Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa.