Islam (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Retail Manager (General). The applicant sought review of a decision not to grant the visa. The Tribunal was required to determine whether the applicant satisfied the criteria for the visa, specifically clause 187.233.

The primary legal issue before the Tribunal was whether the nominated position met the requirements of clause 187.233, which mandates, among other things, that the position be the subject of an approved nomination in regional Australia, that the nominator be the prospective employer, that the nomination has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination approval. The Tribunal also considered whether the applicant had satisfied the criteria for the Direct Entry stream of the Subclass 187 visa.

The Tribunal reasoned that a critical requirement of clause 187.233 is that the nomination for the position must have been approved by the Minister. The applicant stated they were performing the nominated occupation, but the Tribunal found no evidence of an approved nomination by Ausbangla Enterprises Pty Ltd for the position of Retail Manager (General). Consequently, the Tribunal concluded that the requirements of clause 187.233(3) were not satisfied. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet the essential requirement of an approved nomination, the Tribunal affirmed the decision under review.

The Tribunal affirmed the decision not to grant the applicants Regional Employer Nomination (Permanent) (Class RN) visas.