Mehmood (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Café or Restaurant Manager. The applicant sought review of a decision not to grant the visa. The decision-maker was Nicola Findson, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the Subclass 187 visa, specifically clause 187.233, which pertains to the nomination of the position. This clause requires, among other things, that the nominated position be located in regional Australia, that the nomination has been approved and not withdrawn, and that the visa application is made within six months of the nomination's approval.

The Tribunal reasoned that a key criterion, clause 187.233(3), was not met because the nomination made by the applicant's proposed employer, Arish & Aleesa Pty Ltd, had not been approved. The Tribunal noted that it had previously affirmed a decision of the Department to refuse this nomination on 21 April 2021. As the nomination was not approved, the Tribunal found that clause 187.233 was not satisfied. Consequently, the applicant did not meet the primary criteria for the visa. The Tribunal further found that as the primary applicant failed to meet the criteria, the secondary applicants also failed to meet the relevant criteria, specifically clause 187.311.

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