Nadi Shahri (Migration)

This matter concerned an application for review of a decision not to grant the applicant, Nadi Shahri, a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought to have the decision of the delegate reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had met the legislative requirements for the Subclass 187 visa, specifically concerning the need for an approved standard business sponsor. The applicant's own evidence indicated a lack of an approved sponsor, and he expressed a misunderstanding of this requirement. The Tribunal also considered the requirements of Clause 187.233, which outlines the criteria for a nominated position in the Direct Entry stream, including the need for the nominator to be the prospective employer, the nomination to be approved and not withdrawn, the absence of adverse information, the continued availability of the position, and the timing of the visa application relative to the nomination approval.

The Tribunal reasoned that the applicant had failed to satisfy the essential criterion of having an approved standard business sponsor, a requirement explicitly stated in the legislation. The applicant's assertions that he was unaware of this requirement and that his previous sponsor's business had been sold did not overcome this fundamental deficiency. Furthermore, the Tribunal noted that the applicant had not made claims in respect of other visa streams, and as the requirements for the Direct Entry stream were not met, the decision under review had to be affirmed.

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