KHAN (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 have the decision of the delegate of the Minister set aside, with the Tribunal being the body conducting the review.

The primary legal issues before the Tribunal were whether the applicant had satisfied the criteria for the Subclass 187 visa in the direct entry stream, specifically concerning the nomination of a position. This involved determining if the nominated position met the requirements of clause 187.233, including whether the nomination itself had been approved by the Minister and whether the applicant had been identified in relation to the position as required for nominations made after 1 July 2017. The Tribunal also considered whether the applicant met the criteria for the Temporary Residence Transition stream and the Agreement stream, although the applicant had only sought to satisfy the direct entry stream requirements.

The Tribunal affirmed the delegate's decision, finding that the nomination lodged by WESTVIEW HEALTHCARE PTY LTD was refused by the delegate. As the nomination was refused, the Tribunal concluded that clause 187.233(3) and other relevant clauses were not met. The nominator subsequently failed to respond to the Tribunal's requests for information, even after an extension was granted. The applicant declined a hearing, requesting the decision be made based on previously submitted documents. The Tribunal noted that the applicant had not met the requirements for the direct entry stream, and therefore, the decision under review was affirmed.