Menga (Migration)

This matter concerned an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa, specifically under the Direct Entry stream, for the role of Hotel Service Manager. The applicant sought review of a decision that affirmed the refusal of her visa application. The core of the dispute revolved around whether the applicant was the subject of an approved nomination as required by sub-regulation 187.233(3) of the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant had satisfied the criteria for the Subclass 187 visa in the Direct Entry stream, particularly concerning the requirement for an approved nomination. This involved assessing whether the nominated position was located in regional Australia, whether the applicant was identified in relation to the position in the nomination application (where the nomination was made on or after 1 July 2017), whether the nominator was the prospective employer, and crucially, whether the nomination had been approved and not subsequently withdrawn.

The Tribunal noted that the applicant relied on information previously provided to the Department. Correspondence from the Tribunal indicated that the nomination for the position identified in the visa application had not been approved, and that the decision to refuse the nomination was not under review. The applicant, in response, stated that her nomination had been approved by her former workplace but was subsequently withdrawn due to her resignation. She also provided personal reasons for her resignation and expressed her belief that she deserved permanent residency. However, the Tribunal found that the applicant had not met the essential criteria for the visa in the Direct Entry stream, specifically the requirement for an approved nomination.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa.