Miglani (Migration)

This matter concerned an application for review of a decision not to grant Mr Miglani a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant's nominator, Joshi Qld Pty Ltd, had applied for review of the Department's refusal of its nomination application. The Tribunal was required to determine whether Mr Miglani had an approved nomination that had not been withdrawn.

The primary legal issue before the Tribunal was whether the criteria for a Subclass 187 visa in the Direct Entry stream had been met, specifically concerning the requirement for an approved and unwithdrawn nomination. This involved considering the provisions of clause 187.233, which stipulated various conditions for the nomination, including that the position be located in regional Australia, that the nominator be the prospective employer, that the nomination be approved and not withdrawn, and that there be no adverse information known to Immigration about the nominator or associated persons. The Tribunal also had to consider the effect of the nominator's deregistration and the Tribunal's jurisdiction in relation to that.

The Tribunal reasoned that the nominator, Joshi Qld Pty Ltd, had been deregistered by the Australian Securities and Investments Commission on 5 February 2018 and had not been reinstated. Consequently, the Tribunal had previously held that it lacked jurisdiction to review the Department's decision to refuse Joshi's nomination application. Following this, the Tribunal notified Mr Miglani of this finding and invited him to provide comments, as the refusal of the nomination would likely lead to the refusal of his visa application due to the absence of an approved nomination. Mr Miglani failed to provide the requested comments within the prescribed period.

As Mr Miglani did not provide the required comments and therefore did not satisfy the criteria for the visa in the Direct Entry stream, the Tribunal affirmed the decision not to grant the visa.