Liya (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to have the decision reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines the criteria for a nomination in the Direct Entry stream, including that the nominating employer must have an approved nomination that has not been withdrawn, and that the position must still be available to the applicant.

The Tribunal's reasoning focused on the status of the nomination. It was noted that the nominator, Max Print Group Pty Ltd, had been deregistered on 24 June 2022. Consequently, the Tribunal found it had no jurisdiction to review the application made by Max Print Group Pty Ltd for approval of the nomination. As an approved nomination was a prerequisite under clause 187.233(3) for the visa application, and this prerequisite could not be met due to the deregistration of the nominator, the Tribunal concluded that the applicant had not satisfied the requirements for the visa. The applicant did not respond to the Tribunal's requests for further information or comment on the adverse information regarding the nominator's deregistration.

The Tribunal affirmed the decision not to grant the applicant the visa, as the essential requirement of an approved nomination had not been met.