Keshwar (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, by an applicant who failed to provide requested information. The decision under review, which affirmed the refusal of the visa, was brought before the Tribunal by Member Antonio Dronjic.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994. This clause, relevant to the Direct Entry stream, mandates that the nominated position must be the subject of an approved nomination application located in regional Australia, and that the nomination must identify the applicant in relation to the position. Further requirements include that the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, there must be no adverse information known to Immigration concerning the nominator or associated persons, the position must remain available, and the visa application must be lodged within six months of the nomination's approval.

The Tribunal found that the nomination application lodged by DC Thompson Pty Ltd on behalf of the applicant had not been approved at the time of the Tribunal's decision. Consequently, the Tribunal concluded that the applicant failed to satisfy the requirements of clause 187.233. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had not met these essential requirements, the Tribunal affirmed the decision under review.