Mushtaq (Migration)

This matter concerned an appeal by the applicants against a decision to refuse them Regional Employer Nomination (Permanent) (Class RN) visas, specifically under the Subclass 187 (Regional Sponsored Migration Scheme) Direct Entry stream. The appeal was heard by Stephen Witts, a Member of the Tribunal, who was asked to make a decision on the papers.

The central legal issue before the Tribunal was whether the primary applicant was the subject of an approved nomination, as required by clause 187.233 of the Migration Regulations. This clause, as applicable, stipulated several conditions, including that the nominated position be located in regional Australia, that the nomination identify the applicant, that the nominator be the prospective employer, that the nomination be approved and not withdrawn, that there be no adverse information known to Immigration or that such information be disregarded, that the position remain available, and that the visa application be made within six months of the nomination's approval.

The Tribunal noted that the delegate's decision indicated that the primary applicant's sponsor, Ararat Cabs Pty Ltd, had been refused the nomination on 14 May 2019. As the applicants had requested a decision on the papers and provided no further evidence, the Tribunal found that the primary applicant was not the subject of an approved nomination, and therefore clause 187.233 was not met. Consequently, the Tribunal affirmed the decision not to grant the visas to both the primary and secondary applicants.