Multani (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 187 Regional Employer Nomination (Permanent) visa under the Direct Entry stream. The dispute arose when the applicant's employer withdrew the initial nomination for a Child Care Worker position, and a subsequent nomination could not be linked to the existing visa application.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations. Specifically, the Tribunal had to determine if the nominated position was the subject of an approved nomination that had not been subsequently withdrawn, and if the visa application was made within the prescribed timeframe after the nomination's approval. The Tribunal also considered whether the position remained available to the applicant.

The Tribunal reasoned that clause 187.233 mandates that the nominated position must be the one that was the subject of the declaration for the current visa application, and that the nomination must have been approved and not withdrawn. Despite the employer lodging a second nomination application after withdrawing the first, the Tribunal noted that the visa application was linked to the original, withdrawn nomination (TRN EGOC0GGP89). The Tribunal explained that case law required adherence to the specific nomination referenced in the visa application, and that the second nomination (TRN EGOGVUBOJU) could not be retrospectively attached.

Consequently, as the applicant failed to satisfy the essential criteria for the Subclass 187 visa in the Direct Entry stream due to the withdrawal of the relevant nomination, the Tribunal affirmed the decision not to grant the visa.