KAPOOR (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Telecommunications Technician. The applicant sought review of a decision not to grant the visa. The Tribunal, constituted by W Frost, considered the applicant's claims and the evidence presented.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl 187.233(3) of Schedule 2 of the Migration Regulations 1994. This clause, as applicable, required, among other things, that the nominated position be the subject of an approved nomination, that the nominator be the prospective employer, that there be no adverse information concerning the nominator or associated persons, that the position remain available, and that the visa application be made within six months of the nomination approval.

The Tribunal's reasoning focused on the status of the nomination. It noted that the nomination made by Virk Saab Pty Ltd for the Telecommunications Technician position had been refused by the Department, and this refusal was affirmed by the Tribunal on 4 December 2020. This crucial fact meant there was no approved nomination in place. The Tribunal had put this information to the applicant under s 359A of the Migration Act 1958, but the applicant did not respond. Consequently, the Tribunal concluded that cl 187.233(3) was not met, as the essential requirement of an approved nomination was absent.

As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet the fundamental requirements for that stream, the Tribunal affirmed the decision under review. The Tribunal therefore affirmed the decision not to grant the applicant the Regional Employer Nomination (Permanent) (Class RN) visa.