Lorenz (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Café or Restaurant Manager. The applicant, Lorenz, sought review of a decision not to grant the visa. The Tribunal, presided over by Stephen Witts, was required to determine whether the applicant had satisfied the relevant 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 mandates that the nominated position must be located in regional Australia, be the subject of an approved nomination application, and, for nominations made on or after 1 July 2017, identify the applicant in relation to the position. Further requirements include that the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, there must be no adverse information known to Immigration about the nominator or associated persons (or such information must be reasonably disregarded), the position must remain available, and the visa application must be made within six months of the nomination's approval.

The Tribunal found that the applicant had not met the requirements of clause 187.233. It noted that the applicant's nomination application had been rejected by the Department and that no other evidence had been presented to the Tribunal to demonstrate compliance with the nomination criteria. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet these essential requirements, the Tribunal concluded that the decision under review should be affirmed. Consequently, the Tribunal affirmed the decision not to grant the applicant the Regional Employer Nomination (Permanent) (Class RN) visa.