MANALO (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Temporary Residence Transition stream, for a scaffolder. The applicant sought review of a decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant was the subject of an approved nomination as required by sub-regulation 187.223(2) of the Migration Regulations 1994. This involved determining whether the nominated position met the criteria outlined in clause 187.223, including that the nomination had been approved, not withdrawn, and that there was no adverse information concerning the nominator or associated persons, among other requirements.

The Tribunal found that an application by Mc Elligotts (Qld.) Pty Ltd nominating the applicant for the position of scaffolder had been refused by the Department on 6 April 2018, and no review of this refusal was sought by the nominator. The Tribunal received no further information from or on behalf of the applicant after the initial visa application, and the applicant failed to respond to communications from the Tribunal, including a letter dated 31 May 2018 and a natural justice letter dated 11 December 2018. As the requirements for the Temporary Residence Transition stream had not been met, specifically the requirement for an approved nomination, the Tribunal affirmed the decision under review.

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