Mann (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), temporary residence transition stream. The applicant, Mr Jaswant Singh Mann, relied on a nomination application made by his sponsoring employer, Grills of Caribbean Unit Trust. The Department of Immigration had refused the nomination application, and subsequently refused Mr Mann’s visa application on the basis that the nomination was not approved. Both Mr Mann and Grills of Caribbean Unit Trust sought review of these decisions before the Tribunal.

The primary legal issue before the Tribunal was whether the nomination application for the position of Café or Restaurant Manager had been approved. This was a prerequisite for the grant of the Subclass 187 visa. The Tribunal was required to make findings of fact on material matters in dispute, considering the evidence provided by the applicants and previously to the Department.

The Tribunal noted that the nomination application was refused by the Department and this refusal was affirmed on review by the Tribunal on 8 July 2020. Consequently, the nominator's application for the nominated position had not been approved. The Tribunal subsequently invited Mr Mann and Mrs Ashishpal Kaur to comment on or respond to information that would likely lead to the affirmation of the decisions under review, specifically highlighting that the nominator's application had not been approved, which meant the position specified in the visa application was not the subject of an approved nomination, a requirement for visa grant. No response was received by the Tribunal by the specified date.

The Tribunal affirmed the decision not to grant Mr Mann's visa. The Tribunal concluded that the requirements for the visa, including the necessity of an approved nomination, had not been met.