Kub-Aron (Migration)

This matter concerned an application for review of a decision not to grant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought to rely on a nomination made by Frangipani Gentle Care Group Homes Pty Ltd. The delegate had refused the visa application because the associated nomination had not been approved by the Department. The applicant sought review of the visa refusal but did not seek review of the nomination refusal.

The Tribunal was required to determine whether the applicant had satisfied the criteria for the visa, specifically whether the nomination had been approved as required by clause 187.233 of the Migration Regulations. The applicant contended that the Tribunal should consider the review in the absence of a nomination review, noting that the nominator intended to lodge a new nomination.

The Tribunal reasoned that clause 187.233(3) requires the Minister to have approved the nomination. It was established that the nomination relied upon by the applicant had been refused and that no review of this refusal had been sought. The Tribunal noted that, in accordance with established case law, only the nomination that was the subject of the visa application could satisfy this criterion. Therefore, any future nomination lodged by the employer would not be relevant to the current review. The Tribunal acknowledged that the applicant was currently working for the nominating employer but found that the legislation did not provide for consideration of the applicant's circumstances in this context.

The Tribunal affirmed the decision not to grant the visa, as the applicant had failed to meet the essential requirement of an approved nomination for the Direct Entry stream.