KAKKAR (Migration)

This matter concerned an application for review of a decision by the Department of Home Affairs not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream. The applicant sought to satisfy the criteria for this specific visa stream.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines several conditions for the nomination of a position, including that the position must be located in regional Australia, the nomination must have been approved and not withdrawn, and the visa application must be made within six months of the nomination's approval. Crucially, the Tribunal had previously affirmed the Department's decision not to approve the nomination made by the nominating employer, Complete Building Solutions Group Pty Ltd ATF Ian Azzopardi Family Trust NO2, on 24 October 2022.

The Tribunal reasoned that a fundamental requirement of clause 187.233(3) is that the nomination must have been approved. As the Tribunal had already determined that the nomination was not approved, this essential criterion could not be satisfied. The Tribunal had notified the applicant of this information and invited comments, but ultimately concluded that the applicant had not met the necessary requirements for the visa.

Consequently, the Tribunal affirmed the Department's decision not to grant the applicant the Subclass 187 visa.