Kundnani (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, by an applicant nominated by Kunkat Pty Ltd. The applicant sought review of a decision to refuse the visa application, which was based on the refusal of the employer's nomination application. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically whether the nomination was approved.

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 Schedule 2 to the Migration Regulations. This clause mandates that the position must be the subject of an approved nomination, that the employer must be the nominator, that the nomination must not have been withdrawn, and that there must be no adverse information known to the Department about the nominator or associated persons, among other conditions.

The Tribunal reasoned that the employer's nomination application had been refused by the Department on 11 January 2017. Subsequently, the Tribunal affirmed this refusal decision on 15 October 2018, rendering the Tribunal *functus officio* in relation to the nomination matter. As the applicant's visa application was predicated on this nomination, and the nomination had not been approved, the applicant could not satisfy the essential criterion of being the subject of an approved nomination under clause 187.233. The applicant's attempt to re-argue the nomination refusal was unsuccessful as that decision was final.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 187 visa, as the requirements for the Direct Entry stream had not been met due to the lack of an approved nomination.