Kangotra (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, in the Direct Entry stream. The applicant sought to have an approved position nomination for a retail manager role. The Tribunal was required to determine whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233, which mandates, among other things, that the position to which the application relates must be the subject of an approved nomination that has not been withdrawn. The Tribunal also considered whether the applicant had provided sufficient evidence to demonstrate that the nomination had been approved and remained valid.

The Tribunal reasoned that a critical requirement for the visa application was an approved nomination. It noted that the nominator, KSP Group Pty Ltd, had its nomination application refused, and this decision was affirmed by the Tribunal on 15 March 2022. As the nomination had been refused, the applicant could not satisfy clause 187.233(3), which requires an approved nomination. The Tribunal communicated this to the applicant, who acknowledged the refusal of the nomination but made no further submissions. The Tribunal concluded that there was no discretion to waive this requirement and that the applicant had failed to demonstrate that her visa application was subject to an approved nomination.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Regional Employer Nomination (Permanent) (Class RN) visa.