Nasir (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, in the direct entry stream. The applicant sought review of a decision not to grant this visa. The Tribunal was required to determine whether the applicant had satisfied the criteria for the visa, specifically concerning the nomination of a position.

The primary legal issue before the Tribunal was whether the position nominated for the applicant was the subject of an approved nomination, as required by clause 187.233 of the Migration Regulations. This clause mandates that the nominated position must have been approved and not subsequently withdrawn, among other conditions. The Tribunal also considered whether it had properly afforded the applicant an opportunity to present their case, including attending a hearing.

The Tribunal noted that the application for approval of the nominated position of Cook had been refused by a delegate of the Minister. While the nominator had sought review of this refusal, the Tribunal found it had no jurisdiction to review that decision. Consequently, the nomination was not approved. The Tribunal had invited the applicant to comment on this adverse information and to attend a telephone hearing, but the applicant did not appear at the scheduled hearing, despite expressing an intention to give oral evidence. Applying section 362B of the Migration Act, the Tribunal proceeded to make a decision without further action to enable the applicant to appear. As an approved nomination was a mandatory criterion for the visa, and this criterion had not been met, the Tribunal affirmed the decision not to grant the visa.