Jagseer (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, by an applicant seeking to work as a Mechanical Engineer. The applicant's case was reviewed by the Tribunal, presided over by Nicola Findson. The core dispute revolved around whether the applicant met the eligibility criteria for the visa, specifically concerning the nomination of the position.

The Tribunal was required to determine whether the applicant had satisfied the requirements of clause 187.233 of the Migration Regulations 1994. This clause, as applicable to the Direct Entry stream, mandates that the position be the subject of an approved nomination, located in regional Australia, and that the nomination identify the applicant. Further conditions include that the nominator must be the prospective employer, the nomination must not have been withdrawn, there must be no adverse information known to Immigration, the position must remain available, and the visa application must be lodged within six months of the nomination's approval.

The Tribunal found that the applicant's nominated position as a Mechanical Engineer was put forward by San Shai Enterprises Pty Ltd. However, the nomination application was refused by the Department on 31 December 2019. Despite San Shai Enterprises Pty Ltd seeking review of this refusal, a differently constituted Tribunal later found it lacked jurisdiction to review the Department's decision. Consequently, the nomination for the position was never approved. As an approved nomination is a mandatory requirement under clause 187.233(3), the Tribunal concluded that this essential criterion was not met.

Given that the applicant had only sought to satisfy the criteria for the Direct Entry stream of the Subclass 187 visa and had failed to meet the fundamental requirement of an approved nomination, the Tribunal affirmed the decision not to grant the visa.