Kumar (Migration)

This matter concerned an appeal by Mr Ashwin Kumar against the Tribunal's decision to affirm the refusal of his Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The core of the dispute revolved around whether the nominated position remained available to Mr Kumar at the time of the decision.

The Tribunal was required to determine if the criteria for the Subclass 187 visa, specifically under clause 187.233, had been met. This involved assessing whether the nominated position was still available to the applicant, given that the nominating employer had informed the department that Mr Kumar had ceased employment with them. The Tribunal also considered the timing of Mr Kumar's response to a natural justice letter and the relevance of his subsequent employment with a different employer.

The Tribunal reasoned that clause 187.233(5) mandates that the nominated position must still be available to the applicant. As the original nominating employer had confirmed Mr Kumar's cessation of employment, this criterion could not be satisfied. The Tribunal noted that Mr Kumar's subsequent employment with another entity and his request to proceed with the current application were not permissible under the regulations, which required a new nomination and visa application. The Tribunal concluded that because the requirements of cl 187.233 were not met, the criteria for the visa were not satisfied.

Consequently, the Tribunal affirmed the decision not to grant Mr Kumar the Regional Employer Nomination (Permanent) (Class RN) visa.