Lubana (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically a Subclass 187 Regional Sponsored Migration Scheme visa under the Direct Entry stream, for the position of Cook. The applicant sought review of a decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations. This clause mandates, among other things, that the nominated position must have been the subject of an approved nomination application that has not been withdrawn, and that the applicant must be identified in that nomination. Further requirements include that the employer must be the nominator, that there must be no adverse information known to Immigration concerning the nominator or associated persons, that the position must remain available to the applicant, and that the visa application must be made within six months of the nomination's approval.

The Tribunal considered the evidence, including documentation related to the applicant's participation in the Job Ready Program. It noted that the applicant had only sought to satisfy the criteria for the Direct Entry stream. Crucially, the Tribunal found that the requirements of clause 187.233 had not been met, specifically referencing that the nomination had not been approved and had been withdrawn by the employer.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 187 visa.