Kumar (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, by Mr. Kumar. The applicant sought review of a decision to refuse his visa application. The Tribunal was required to determine whether the applicant had met the criteria for the visa, specifically concerning an approved employer nomination.

The primary legal issue before the Tribunal was whether the applicant's employer nomination had been approved, as required by clause 187.233 of the Migration Regulations. The Tribunal also considered the applicant's request for an adjournment to obtain a new nomination, and whether a new nomination could satisfy the visa requirements.

The Tribunal reasoned that clause 187.233(3) mandates that the Minister must have approved the nomination. The evidence before the Tribunal indicated that the nomination made by KC International Consultants Pty Ltd had been refused by the Department and had not been revoked or set aside on review. The Tribunal noted that, in accordance with judicial interpretation, the nomination relied upon to satisfy clause 187.233 must be the one made at the time of the visa application. Consequently, a new nomination would not assist the applicant in meeting the existing visa requirements. The Tribunal also determined that delaying the decision to allow the applicant to seek a new nomination would be without merit.

The Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, as the applicant had failed to meet the essential criteria for the visa in the Direct Entry stream.