llorente (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, made by Ms Llorente, with her partner Mr Devie as a secondary applicant. The dispute arose because the Department refused to grant the visa, and this decision was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether Ms Llorente met the criteria for the Subclass 187 visa, specifically clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause requires, among other things, that the position to which the application relates must be the subject of an approved nomination, that the employer must be the nominator, and that the nomination must not have been withdrawn.

The Tribunal reasoned that the Company's nomination application for the position of Café or Restaurant Manager was refused by the Department. Subsequently, the Company withdrew its review application before the Tribunal. The applicants failed to respond to the Tribunal's request for comments on this information. Consequently, the Tribunal concluded that the nomination had not been approved, and therefore, Ms Llorente did not meet the criteria in cl.187.233(3). As Ms Llorente failed to satisfy the primary criteria, Mr Devie could not satisfy the secondary criteria.

The Tribunal affirmed the decision not to grant the applicants the Regional Employer Nomination (Permanent) (Class RN) visas.