Jassal (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, in the Direct Entry stream. The applicant, Ms Jassal, sought review of a decision not to grant her this visa. The decision maker, Jade Murphy, sitting as a member of the Tribunal, was required to determine whether the applicant met the criteria for the visa.

The central legal issue before the Tribunal was whether the applicant had satisfied clause 187.233 of the Migration Regulations 1994, which pertains to the nomination of a position. Specifically, the Tribunal had to consider whether the position nominated for the applicant was the subject of an approved nomination that had not been subsequently withdrawn. The Tribunal also considered whether the applicant was identified in the nomination in accordance with the regulations, and whether the position remained available to her.

The Tribunal reasoned that a key requirement for the grant of a Subclass 187 visa in the Direct Entry stream is that the relevant nomination must be approved and must not have been withdrawn. The Tribunal noted that the primary decision, which the applicant provided, indicated that the position nomination had been withdrawn and was no longer available. The applicant's submissions at the hearing regarding workplace issues did not provide evidence to demonstrate that the nomination remained approved. Consequently, the Tribunal found that the applicant was not the subject of an approved nomination, and therefore clause 187.233 was not met.

As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet the essential requirements for that stream, the Tribunal affirmed the decision not to grant the visa.