Kamra (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought review of a decision to refuse the visa. The Tribunal was required to determine whether the applicant was the subject of an approved nomination for the position.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the Subclass 187 visa in the Direct Entry stream, specifically concerning the requirement for an approved nomination. The Tribunal noted that it had no discretion regarding this requirement, and for the visa application to proceed, the nominated position must have an approved nomination. The Tribunal also considered the specific requirements of clause 187.233, including that the nominator must be the employer, the nomination must have been approved and not withdrawn, there must be no adverse information known to Immigration about the nominator or associated persons (or such information must be reasonable to disregard), the position must still be available, and the visa application must be made within six months of the nomination's approval.

The Tribunal reasoned that the applicant's nominated position was not the subject of an approved nomination because the nominator had been deregistered. The Tribunal had previously determined that it lacked jurisdiction to consider the refusal of the nomination as it related to a non-existent entity, and therefore the nomination review was unsuccessful. The applicant acknowledged the business had shut down and provided evidence of his employment, but the Tribunal reiterated that the focus of the current review was the visa application, not the nomination or the nominator's circumstances, which had already been decided. As the applicant had not met the mandatory criteria for the Direct Entry stream, the Tribunal affirmed the decision not to grant the visa.