Kaur (Migration)

This matter concerned an application for review of a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), direct entry stream. The applicant sought to satisfy the criteria for this visa subclass, which requires the applicant to be the subject of an approved position nomination. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant had met the requirements for a valid nomination.

The Tribunal considered clause 187.233 of the Migration Regulations, which outlines the criteria for a valid nomination. These include that the nominated position must be located in regional Australia, the applicant must be identified in the nomination application, the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, there must be no adverse information known to Immigration about the nominator or associated persons, the position must remain available, and the visa application must be made within six months of the nomination's approval. The Tribunal noted that the applicant had not provided a substantive response to its invitation to comment on the existence of a valid nomination, and had indicated that the nomination had been refused by the Department on 7 November 2018, with a prior review application also being refused.

The Tribunal found that the applicant had not provided any information to demonstrate the existence of a nomination approved by the Minister as required by clause 187.233(3). The applicant's own evidence confirmed the refusal of the nomination. Consequently, as the essential criteria for the Subclass 187 visa in the direct entry stream had not been met, the Tribunal affirmed the decision under review.