Jarral (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to have a decision affirmed by the Administrative Appeals Tribunal (the Tribunal) which had refused to grant the visa. The core of the dispute revolved around whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994, specifically concerning the nomination of the position.

The Tribunal was required to determine whether the nominated position was still available to the applicant and whether the application was subject to an approved nomination. This involved considering whether the sponsoring business, SNZ HOSPITALITY PTY LTD, which had made the nomination, was still a registered entity and therefore capable of employing the applicant. The Tribunal also had to consider the impact of information suggesting the nominator was no longer trading.

The Tribunal's reasoning focused on the deregistration of the sponsoring company, SNZ HOSPITALITY PTY LTD, from the Australian Securities and Investments Commission (ASIC) register on 9 June 2019. This fact, coupled with the absence of evidence of reinstatement, led the Tribunal to conclude that the nominated position was likely no longer available to the applicant, and that the nomination itself might not be considered approved under the relevant regulations. The applicant was provided with an opportunity to respond to this information but failed to do so within the prescribed period, leading to the application of section 359C of the Migration Act 1958 and the applicant's subsequent ineligibility for a hearing.

Consequently, the Tribunal affirmed the decision not to grant the applicant the visa, finding that the applicant had not satisfied the requirements of clause 187.233, particularly regarding the availability of the nominated position and the status of the nomination.