KUMAR (Migration)

This matter concerned an application for review of a decision by the Department of Home Affairs to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, made by Mr. Parveen Kumar. The applicant's sponsoring employer, The Trustee For NT Operations Management Solutions, had its nomination for the position refused on 24 October 2019. The applicant's visa application was subsequently refused because the employer's nomination was not approved. The employer did not seek a review of this refusal.

The primary legal issue before the Tribunal was whether the applicant could satisfy the requirements for the Subclass 187 visa, specifically clause 187.233(3) of the Migration Regulations, which mandates that the Minister must have approved the nomination. The Tribunal also considered the applicant's request for an extension of time to provide further information due to COVID-19 restrictions and the subsequent lodging of a new nomination application with the Tasmanian Government.

The Tribunal reasoned that the employer's nomination had been refused and, as no review was sought by the nominator, the nomination was not approved. Consequently, the applicant could not satisfy the requirement under clause 187.233(3) of the Migration Regulations. While the applicant presented arguments regarding compelling and compassionate circumstances, including the impact of COVID-19 restrictions on their ability to lodge a new visa application offshore and the suspension of processing of a new nomination application by the Tasmanian Government, these circumstances did not overcome the fundamental requirement that the original nomination had not been approved. The Tribunal noted that the applicant had only sought to satisfy the criteria for the Direct Entry stream of the Subclass 187 visa, and as these requirements were not met, the decision under review had to be affirmed.

The Tribunal affirmed the decision not to grant the applicant's Regional Employer Nomination (Permanent) (Class RN) visa.