Mondal (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a position as a Café or Restaurant Manager. The applicant's employer's nomination for the position had been refused by the Department, and a subsequent review application to the Tribunal was affirmed. The applicant did not provide a response or comment on this information.

The primary legal issue before the Tribunal was whether the position to which the visa application related was the subject of an approved nomination, as required by clause 187.233 of Schedule 2 to the Regulations. This clause, as applicable, required that the nomination be approved, not withdrawn, and that the applicant be identified in the nomination where it was made on or after 1 July 2017. Further requirements included that the nominator be the prospective employer, the position remain available, and the visa application be lodged within six months of the nomination's approval.

The Tribunal reasoned that the information before it indicated that the nomination application for the position had not been approved. Consequently, the applicant could not satisfy the criteria under cl.187.233(1). As the applicant had only sought to meet the requirements for the Direct Entry stream and had failed to meet those essential criteria, the Tribunal affirmed the decision not to grant the visa. The Tribunal therefore affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa.