Modi (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, direct entry stream. The applicant sought review of a decision to refuse the visa. The Tribunal, constituted by Lilly Mojsin, made its decision without the applicant appearing at the hearing, as permitted by s.362B of the Migration Act 1958 (Cth).

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria under clause 187.233 of the Migration Regulations 1994 (Cth), which requires, among other things, that the nominated position be the subject of an approved nomination. Specifically, the Tribunal had to determine if the nomination made by Victory International Students Support Services Pty Ltd for the position of Customer Service Manager had been approved. A further issue arose regarding the second and third named applicants, who were not members of the family unit of a primary visa holder.

The Tribunal reasoned that it had no evidence before it to establish that the nomination by Victory International Students Support Services Pty Ltd had been approved. The delegate's decision to refuse the visa was based on the finding that the nomination was refused. As the applicant did not attend the hearing and provided no explanation for their absence, and no evidence of an approved nomination was presented, the Tribunal concluded that clause 187.233 was not met. Furthermore, the Tribunal found that the second and third applicants did not satisfy clause 187.311(a) as they were not members of the family unit of a person who held a Subclass 187 visa granted on the basis of satisfying the primary criteria.

Consequently, as the essential requirements for the Subclass 187 visa in the direct entry stream were not met, the Tribunal affirmed the decision not to grant the visa to the applicants.