Mata (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, under the Direct Entry stream. The applicant sought review of a decision not to grant the visa. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically concerning the nomination of the position.

The primary legal issue before the Tribunal was whether the nomination of the position by H & Q Finance Pty Ltd satisfied the requirements of clause 187.233 of the Regulations. This clause mandates that for Direct Entry stream applicants, the nominated position must have been approved under specific regulations, and where the nomination was made on or after 1 July 2017, the applicant must be identified in the nomination. Further requirements include that the nominator must be the employer, the nomination must be approved and not withdrawn, there must be no adverse information known to Immigration, the position must remain available, and the visa application must be made within six months of the nomination's approval.

The Tribunal reasoned that while H & Q Finance Pty Ltd had lodged a nomination prior to 18 March 2018, it was refused, and no review was sought. A subsequent nomination was lodged on 12 April 2018. Crucially, legislative changes effective from 18 March 2018 amended regulation 5.19. The Tribunal found that a nomination lodged after 18 March 2018 could not satisfy clause 187.233 for a subclass 187 visa application made before that date, as was the case here. Consequently, the Tribunal concluded that clause 187.233 was not met.

The Tribunal affirmed the decision not to grant the applicants Regional Employer Nomination (Permanent) (Class RN) visas. The second applicant also failed to meet the secondary criteria for a family unit member and did not meet the primary visa criteria in her own right.