Islam (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought to have a decision affirmed that they were not entitled to this visa. The decision under review was made by the Administrative Appeals Tribunal (AAT), with Member Karen McNamara presiding.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl.187.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines the criteria for a nominated position in the Direct Entry stream, including that the position must be the subject of an approved nomination, located in regional Australia, and identified in relation to the applicant. It also requires that the nominator be the prospective employer, the nomination not be withdrawn, there be no adverse information concerning the nominator, the position remain available, and the visa application be made within six months of the nomination's approval.

The Tribunal found that there was no evidence before it to support that the applicant's application was subject to an approved and unwithdrawn nomination. The applicant's own evidence indicated that the nominator had "closed the company" after the application was rejected in 2018, suggesting the position was no longer available and the nomination was likely not approved or had been withdrawn. Consequently, the Tribunal concluded that the applicant failed to satisfy cl.187.233(3) of Schedule 2 to the Regulations, an essential criterion for the visa.

As the applicant did not meet the essential criteria for the Subclass 187 visa in the Direct Entry stream, and no claims were made in respect of other visa streams, the Tribunal affirmed the decision not to grant the visa.