Kumar (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a Travel Consultant. The applicant sought review of a decision not to grant the visa. The Tribunal, constituted by Senior Member Kate Millar, was required to determine whether the applicant met the criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant was the subject of an approved nomination, as required by clause 187.233 of the Migration Regulations. This clause, as applicable, stipulated several conditions, including that the nominated position be located in regional Australia, that the nomination application identify the applicant, that the employer be the nominator, that the nomination be approved and not withdrawn, that there be no adverse information known to Immigration about the nominator or associated persons (or that such information be disregarded), that the position remain available, and that the visa application be made within six months of the nomination's approval.

The Tribunal found that the nomination in question was not approved. Consequently, the applicant failed to satisfy the essential criterion under cl.187.233. As the applicant did not meet the primary criteria for the visa, the Tribunal concluded that the secondary applicants also did not meet the secondary criteria. Therefore, the Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicants.