Nasrullah (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Nomination Scheme), direct entry stream, by the applicant, Mr. Nasrullah, and secondary applicants. The dispute arose from the refusal of the visa application, which the applicant sought to have reviewed by the Tribunal. The Tribunal, presided over by Warren Stooke AM, was required to determine whether the applicant had met the criteria for the visa, specifically concerning the nomination of the position of Office Manager.

The primary legal issue before the Tribunal was whether the applicant had satisfied clause 187.233 of the Migration Regulations, which outlines the requirements for the nomination of a position in the Direct Entry stream. This clause necessitates, among other things, that the nominated position be the subject of an approved nomination application, that the applicant be identified in relation to the position, and that the position remains available to the applicant. The Tribunal also considered the applicant's response to a request for information regarding an approved standard business sponsor for the nominated position.

The Tribunal reasoned that the applicant had failed to provide evidence of an approved standard business sponsor for the Office Manager position, despite being invited to do so. As the applicant had not responded to the Tribunal's request for information, the Tribunal was satisfied that clause 187.233 had not been met. Consequently, as the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to do so, the Tribunal affirmed the decision not to grant the visa. The Tribunal noted that as the primary applicant had not met the criteria, the secondary applicants, as members of the family unit, also did not meet the criteria.