Matad (Migration)

This matter concerned a review application before the Migration Review Tribunal concerning a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to have a decision affirmed that they did not meet the criteria for the visa. The core of the dispute revolved around the requirement for an approved nomination for the nominated position.

The Tribunal was required to determine whether the applicant satisfied clause 187.223 of the Migration Regulations, which mandates that the position to which the visa application relates must be the subject of an approved nomination. Specifically, the Tribunal had to consider the effect of the nominator's withdrawal of their application for review of a delegate's refusal to approve the nomination. The applicant also requested an extension of time to secure a new nomination.

The Tribunal reasoned that clause 187.223(3) and (4) of the Migration Regulations require that a nomination must be approved and not subsequently withdrawn. As the nominator had withdrawn their application for review of the refusal to approve the nomination, the nomination was not approved and therefore this criterion was not met. The Tribunal noted that it had no jurisdiction to grant an extension of time to find a new employer or obtain a new nomination, as its power was limited to reviewing the decision under the Migration Act. The Tribunal also noted it lacked jurisdiction regarding the second applicant.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa. The Tribunal also stated it had no jurisdiction in relation to the second named applicant.