Maher (Migration)

This matter concerned an application for review of a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), under the direct entry stream. The applicant, who was overseas and did not attend the hearing, sought to have the refusal decision set aside.

The Tribunal was required to determine whether the applicant met the criteria for the Subclass 187 visa, specifically under clause 187.233 of the Migration Regulations 1994, which pertains to the nomination of a position. This included assessing whether the nominated position was the subject of an approved nomination, whether the applicant was identified in that nomination, and whether the nomination had been approved and not subsequently withdrawn.

The Tribunal reasoned that for an applicant in the Direct Entry stream to succeed, the associated nomination for the position must be approved. The evidence before the Tribunal indicated that the nomination application lodged by The Trustee for Cousin’s Family Trust was refused on 31 March 2017, and the applicant was given an opportunity to comment but did not respond. As there was no evidence before the Tribunal that the nomination had been approved, the Tribunal found that the requirement in clause 187.233(3) was not met. Consequently, the Tribunal concluded that the applicant did not satisfy the primary criteria for the visa in the Direct Entry stream.

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