Islam (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant, Mr Islam, sought review of a decision to refuse his visa application. The Tribunal, constituted by Hugh Sanderson, was required to determine whether the applicant was the subject of an approved nomination as required by the relevant legislative instrument.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994, which mandates that the position to which the visa application relates must be the subject of an approved nomination. This includes specific requirements regarding the timing of the nomination, the identity of the employer, the approval and non-withdrawal of the nomination, the absence of adverse information, the continued availability of the position, and the timeframe between nomination approval and visa application.

The Tribunal found that the applicant's sponsoring employer, OM Shiv Pty Ltd, had its nomination application refused by the Department, and this decision was affirmed by the Tribunal on review. Consequently, the applicant was not the subject of an approved nomination. The Tribunal also noted that the applicant had ceased working for the sponsor and was now employed elsewhere, with no contact with the sponsor since early 2018. Given the refusal of the nomination and the absence of any other approved nomination or pending application, the Tribunal concluded that clause 187.233 was not met.

As the primary applicant did not satisfy the criteria for the visa, the applications of the secondary applicants, who were family unit members, also failed. Accordingly, the Tribunal affirmed the decisions to refuse the grant of the Regional Employer Nomination (Permanent) (Class RN) visas to all applicants.