NADEEM (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Retail Manager. The applicant sought to satisfy the criteria for this visa subclass. The Tribunal was required to determine whether the associated nomination for the position had been approved.

The central legal issue was whether the applicant had met the requirements of clause 187.233 of the Migration Regulations, specifically concerning the approval of the nomination. This clause, as applicable, required that the position be the subject of an approved nomination in the Direct Entry stream, located in regional Australia, and that the nomination identify the applicant. Further, it stipulated that the nominator must be the prospective employer, the nomination must not have been withdrawn, there must be no adverse information known to Immigration, the position must remain available, and the visa application must be made within six months of the nomination's approval.

The Tribunal reasoned that the applicant had provided details of a nomination for the position of Store Manager Night Shift. However, the Tribunal had previously affirmed the delegate's decision not to approve this nomination application on 29 June 2023. Consequently, the nomination referenced in the visa application had not been approved, meaning clause 187.233(3) was not satisfied. As the applicant had not made claims in respect of any other visa streams and the requirements for the Direct Entry stream were not met, the decision under review had to be affirmed.

The Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa.