Muppidi (Migration)

This matter concerned an appeal by the applicant, Mr Muppidi, against a decision to refuse to grant him a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The second named applicants, who were family members, also had their applications refused. The dispute centred on whether the applicant had satisfied the criteria for an approved nomination for the visa.

The primary legal issue before the Tribunal was whether there was an approved nomination for the position as required by clause 187.233 of the Migration Regulations 1994. This clause mandates that the position must be the subject of an approved nomination in regional Australia, and where the nomination was made on or after 1 July 2017, it must identify the applicant. Further requirements include that the nominator must be the prospective employer, the nomination must have been approved and not subsequently withdrawn, and there must be no adverse information known to Immigration, or such information must be disregarded. Additionally, the position must remain available to the applicant, and the visa application must be made within six months of the nomination's approval.

The Tribunal affirmed the decision under review, finding that the applicant had not met the requirements of clause 187.233. It was conceded by the applicant that the nomination application had been refused by the Department. Furthermore, a merits review application for the nomination, which had been lodged with the Tribunal, was withdrawn by the nominator on 7 October 2019. As an approved nomination is a mandatory criterion for the visa, and no such nomination existed, the Tribunal concluded that clause 187.233 was not satisfied. Consequently, the decision to refuse the visa to the applicant and the second named applicants, who did not meet the secondary criteria as family members and could not meet the primary criteria independently, was affirmed.