Matharu (Migration)

The Administrative Appeals Tribunal considered the case of the applicants, who sought review of a decision to refuse them Regional Employer Nomination (Permanent) (Class RN) visas, subclass 187, under the direct entry scheme. The primary dispute concerned whether the applicants were the subject of an approved nomination for the position of office manager.

The Tribunal was required to determine whether the applicants met the criteria for an approved nomination, specifically whether the position was nominated in accordance with the relevant regulations, if the nominator was the intended employer, if the nomination had been approved and not withdrawn, if there was no adverse information known to Immigration, if the position remained available, and if the visa application was lodged within six months of the nomination approval.

The Tribunal noted that the nomination application, lodged on 28 February 2018, was refused by the Minister on 2 July 2019. Despite the primary applicant's assertion that she had been working as an office manager since February 2018 and was aware of potential issues with the nominator's status, the Tribunal found it uncontested that the nominator had been refused and, consequently, the applicant was not the subject of an approved nomination. As the primary applicant did not meet this essential criterion, the Tribunal concluded that the secondary applicant also failed to meet the visa requirements.

The Tribunal affirmed the decision not to grant the applicants Regional Employer Nomination (Permanent) (Class RN) visas.