Jackson (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant's claim was for the position of Café or Restaurant Manager, which was the subject of an approved nomination. The Tribunal was tasked with determining whether the applicant met the relevant criteria for this visa subclass.

The primary legal issue before the Tribunal was whether the applicant had satisfied clause 187.233 of the Migration Regulations, which sets out the requirements for a nominated position in the Direct Entry stream. Specifically, the Tribunal had to ascertain if the nomination for the position had been approved and had not been subsequently withdrawn, as required by subclause 187.233(3) and (4).

The Tribunal found that while the applicant lodged his visa application on 7 September 2017, and at that time was the subject of a nomination application by T. Burns and A. Foukkare for the position of Café or Restaurant Manager, this nomination was subsequently refused by the Department on 20 February 2019. Although T. Burns and A. Foukkare sought review of the refused nomination, their review application was later withdrawn. Consequently, the Tribunal concluded that the nomination for the position had not been approved, and therefore, the requirement in cl 187.233(3) was not met. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet this essential requirement, the Tribunal affirmed the decision not to grant the visa.