IQBAL (Migration)

This matter concerned a review application before the Tribunal concerning a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to have a decision not to grant the visa affirmed.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl.187.233, which governs the nomination of a position for this visa subclass. Specifically, the Tribunal had to determine if the position to which the application related was the subject of an approved nomination that had not been subsequently withdrawn, and if the applicant was identified in relation to that position where the nomination was made on or after 1 July 2017.

The Tribunal noted that the original nominator, Medinova Pty Ltd, withdrew its nomination review application on 10 January 2020. While the applicant subsequently indicated an intention to be nominated by a new sponsor, SRI Medical Services Pty Ltd, there was no evidence before the Tribunal that this new nomination had been approved and had not been withdrawn. The Tribunal found that the applicant's visa application was still tied to the withdrawn nomination by Medinova Pty Ltd, and therefore the requirements of cl.187.233 were not met.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 187 visa, as the essential criteria for the Direct Entry stream had not been satisfied.