Nagpal (Migration)

The Administrative Appeals Tribunal considered the application of Mr. Nagpal for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The dispute concerned the refusal by the Department of Home Affairs of the nomination application made by Mr. Nagpal's prospective employer.

The primary legal issue before the Tribunal was whether the decision under review, which affirmed the Department's refusal of the nomination, should be upheld. This required the Tribunal to determine if the criteria for the Subclass 187 visa, specifically in relation to an approved nomination, had been met.

The Tribunal reasoned that a fundamental requirement for the visa, as stipulated by clause 187.233, is that the position must be the subject of an approved nomination in the Direct Entry stream, located in regional Australia. Furthermore, for nominations made on or after 1 July 2017, the nomination must identify the applicant in relation to the position, and the nominator must be the prospective employer. The Tribunal noted that the applicant had not provided evidence of an approved nomination, which was a prerequisite for the visa. Consequently, clause 187.233(3) was not satisfied.

As the applicant had failed to meet the essential criteria for the Subclass 187 visa in the Direct Entry stream, the Tribunal affirmed the decision under review. The Tribunal therefore made orders affirming the decision not to grant Mr. Nagpal the Regional Employer Nomination (Permanent) (Class RN) visa.