Mohammed (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Subclass 187 (Regional Sponsored Migration Scheme) visa application. The applicant sought a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Direct Entry stream for a Chef position. The core dispute revolved around whether the applicant met the regulatory requirements for an approved nomination at the time of the visa determination.

The Tribunal was required to determine whether there was an approved nomination for the applicant's Subclass 187 visa application, as stipulated by clause 187.233(3) of the Migration Regulations 1994. This involved considering whether a nomination application, initially made by Prime Sector Pty Ltd on behalf of the applicant, had been validly withdrawn and, if so, whether this withdrawal precluded the grant of the visa.

The Tribunal reasoned that a critical requirement for the grant of a Subclass 187 visa is that the nominated position must be the subject of an approved nomination, and that this nomination must not have been subsequently withdrawn, as per clauses 187.233(3) and 187.233(4) of the Regulations. The Tribunal noted that the nomination application had been withdrawn by the employer prior to any determination being made by the Department. The applicant was provided with this information under section 359AA of the Migration Act 1958 and given an opportunity to respond. The applicant acknowledged that due to the employer's withdrawal of the nomination application, he did not meet the criteria for the visa. Consequently, the Tribunal concluded that clause 187.233 of the Regulations was not met.

The Administrative Appeals Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa.