Mukit (Migration)

This matter concerned an application for review of a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, direct entry stream. The applicant sought to have the decision of the Department of Home Affairs set aside, but the Administrative Appeals Tribunal (AAT) ultimately affirmed the Department's decision.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the nominated position was the subject of an approved nomination that had not been withdrawn, and if the applicant had been identified in relation to that position where the nomination was made on or after 1 July 2017. A further consideration was whether the position remained available to the applicant and if the visa application was made within six months of the nomination's approval.

The Tribunal's reasoning centred on the fact that the nomination application in respect of Subcontinental Hospitality Group Pty Ltd had been refused by the Department and this refusal was affirmed by the Tribunal on 14 May 2021. As a consequence, the nomination was not approved, which is a mandatory requirement under clause 187.233(3). The applicant's submission that he had lost contact with his sponsor and was unaware of the status of the nomination did not overcome this fundamental deficiency. The Tribunal noted that the applicant had not provided any information to demonstrate that the nomination had been approved and remained valid.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 187 visa, as the essential criterion of an approved nomination had not been met.