Muzammil (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream. The applicant sought to satisfy the criteria for this visa based on a proposed nomination by Feather Dart Group Pty Ltd for the position of Café or Restaurant Manager. The Administrative Appeals Tribunal was required to determine whether the applicant met the relevant criteria for this visa subclass.

The primary legal issue before the Tribunal was whether the applicant was the subject of an approved nomination by the nominator included in the Subclass 187 visa application. Specifically, the Tribunal had to consider clause 187.233 of the Migration Regulations, which outlines the requirements for a nomination in the Direct Entry stream. These requirements include that the position must be located in regional Australia, the nomination must have been approved and not subsequently withdrawn, there must be no adverse information known to Immigration about the nominator or associated persons, the position must still be available to the applicant, and the visa application must have been made within six months of the nomination's approval.

The Tribunal found that the applicant's proposed nominator, Feather Dart Group Pty Ltd, had its nomination refused on 20 November 2018. While an application for review of this refusal was lodged with the Tribunal, that differently constituted Tribunal determined it had no jurisdiction to review the decision on 26 November 2019, finalising that matter. Consequently, the Tribunal was satisfied that the applicant did not have a current, approved nomination relating to his Subclass 187 visa application. As this essential criterion under clause 187.233 was not met, and no claims were made in respect of other visa streams, the Tribunal concluded that the decision under review should be affirmed. The Tribunal affirmed the decision not to grant the applicant the visa.