Mir Mozam Ali (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a Motor Mechanic. The applicant's prospective employer, Mahmood Sons Pty Ltd, had a nomination application refused by the Minister for Immigration. Subsequently, the applicant provided a letter from a different employer, D&L Car Care, indicating employment as a Motor Mechanic since October 2019. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233 of the Migration Regulations, which requires the position to be the subject of an approved nomination in the Direct Entry stream, located in regional Australia, and to be the position that was the subject of the declaration made as part of the current visa application. The Tribunal also considered whether a later nomination by a different employer could satisfy this requirement.

The Tribunal reasoned that clause 187.233 mandates that the position to which the visa application relates must be the one that was nominated and approved. It noted that the initial nomination by Mahmood Sons Pty Ltd was refused. While the applicant provided evidence of subsequent employment with D&L Car Care, there was no indication that D&L Car Care had made an application to nominate the position. The Tribunal concluded that a later nomination by a different employer could not satisfy the requirements of clause 187.233, as the position must be the one that was the subject of the original nomination and declaration. As the nomination by Mahmood Sons Pty Ltd was not approved at the time of the Tribunal's decision, the applicant did not meet the requirements of clause 187.233 for the Direct Entry stream.

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