Kasarla (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The Tribunal, constituted by Member Andrew George, was required to determine whether the applicant had satisfied the criteria for this visa subclass.

The primary legal issue before the Tribunal was whether the applicant had met the requirements of clause 187.233, which governs the nomination of a position for a Subclass 187 visa in the Direct Entry stream. This clause mandates, among other things, that the position must be the subject of an approved nomination, that the nominator must be the prospective employer, and that the nomination must not have been subsequently withdrawn.

The Tribunal reasoned that the Minister had not approved the nomination, and therefore, the criterion under clause 187.233(3) was not met. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet this essential requirement, the Tribunal concluded that the decision under review should be affirmed. Consequently, the Tribunal affirmed the decision not to grant the applicant the visa.