Naik (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, by the first applicant, with the second applicant seeking to be a member of the family unit. The Administrative Appeals Tribunal (AAT) was required to review the decision to refuse the visa.

The primary legal issue before the Tribunal was whether the applicants met the criteria for the Subclass 187 visa, specifically clause 187.233, which pertains to the nomination of a position in regional Australia. This clause requires, among other things, that the nominated position be approved and not subsequently withdrawn, that the employer be the nominator, that the position remains available, and that the visa application is made within six months of the nomination's approval.

The Tribunal found that the nomination lodged by Saffron Business Advisers Pty Ltd on behalf of the first applicant had not been approved at the time of the Tribunal's decision. Consequently, the Tribunal determined that the first applicant did not satisfy the requirements of clause 187.233. Furthermore, the Tribunal noted that the second applicant did not meet the secondary criteria to be a family member of a Subclass 187 visa holder, nor was there evidence she met the primary criteria in her own right.

The Tribunal affirmed the decision not to grant the applicants Regional Employer Nomination (Permanent) (Class RN) visas.