Mangukiya (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Mr. Mangukiya's application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The core dispute revolved around whether Mr. Mangukiya was the subject of an approved nomination as required by the relevant regulations.

The Tribunal was required to determine if the position of Wholesaler, as nominated by the employing company, met the criteria stipulated in clause 187.233 of Schedule 2 to the Migration Regulations. Specifically, the Tribunal had to ascertain whether the nomination had been approved and had not been subsequently withdrawn, and if the visa application was made within the prescribed timeframe following the nomination's approval.

The Tribunal reasoned that the company's nomination for the Wholesaler position had been refused by the Department and this refusal was affirmed by the Tribunal itself on 6 April 2021. Consequently, the position to which Mr. Mangukiya's visa application related could not satisfy the requirements of clause 187.233(3) of Schedule 2, which mandates an approved nomination. The Tribunal noted that this was a "once off" process, referencing the decision in *Singh's case*. As Mr. Mangukiya had only sought to satisfy the criteria for the Direct Entry stream and had not met the essential requirement of an approved nomination, the Tribunal affirmed the decision under review.