Kumar (Migration)

This matter concerns an application for review of a decision to refuse a Regional Employer Nomination (Permanent) visa (Subclass 187) in the Direct Entry stream. The applicant, Mr Kumar, sought to have the decision affirmed by the Tribunal. The core of the dispute revolved around whether the nomination for the position of Motor Mechanic (General) had been approved as required by the relevant migration regulations.

The Tribunal was required to determine whether the applicant met the criteria for the Subclass 187 visa, specifically concerning the requirement for an approved nomination. This involved assessing whether the nomination application for the Motor Mechanic (General) position was approved, had not been withdrawn, and whether there was any adverse information concerning the nominator that could not be disregarded. The Tribunal also considered the timing of the visa application in relation to the nomination approval.

The Tribunal noted that the nominator's application to have the position approved was refused on 29 January 2019, and this decision was not reviewed. The Tribunal provided Mr Kumar with particulars of this refusal, explaining its relevance to the requirement for an approved nomination and the potential for his visa application to be refused. Mr Kumar acknowledged the information, stating he did not require further time to respond. He indicated awareness of the nomination refusal due to the nominator's tax issues, asserting it was not his fault and expressing his belief that the situation was unfair given his qualifications and history in Australia.

Ultimately, the Tribunal concluded that the decision under review should be affirmed. The primary reason for this affirmation was the failure to meet the regulatory requirement for an approved nomination, as the nominator's application had been refused and that refusal was not successfully challenged.