Malik (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, Direct Entry stream, for the position of Sales and Marketing Manager. The applicant's nominator, Global Education Initiative Pty Ltd, had its nomination application refused by the Department of Home Affairs. The applicant sought review of the decision to refuse the visa.

The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically whether the position was the subject of an approved nomination located in regional Australia, and whether the nominator satisfied the relevant regulatory requirements. The Tribunal also considered whether the applicant had been afforded procedural fairness in relation to adverse information.

The Tribunal affirmed the decision to refuse the visa. It found that the nominator's application for approval of the nomination had been refused because the nominator failed to provide evidence of lawfully operating a business at the nominated premises in Margaret Street, Toowoomba. This refusal was affirmed on review. The Tribunal also noted that the applicant had been invited to respond to adverse information regarding the nominator's refused nomination application and the applicant's own visa application, but no response was provided by the deadline. The Tribunal concluded that the applicant did not meet the primary criteria for the visa.