Naulgan (Migration)

The Administrative Appeals Tribunal considered the case of Naulgan, who sought a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream. The primary dispute concerned whether the applicant's nominated position had been approved, a crucial requirement for the visa. The applicant's nomination was made by Frangipani Gentle Care Group Homes Pty Ltd.

The Tribunal was required to determine if the applicant met the criteria for the Subclass 187 visa, specifically clause 187.233, which mandates that the nominated position must have been approved by the Minister. The applicant was requested to provide evidence of the nomination's approval or any review proceedings following its refusal, but failed to do so.

The Tribunal reasoned that clause 187.233(3) requires the Minister to have approved the nomination. The evidence before the Tribunal indicated that the nomination lodged by Frangipani Gentle Care Group Homes Pty Ltd was refused by the Department on 23 August 2018. As there was no evidence of subsequent approval or a successful review of this refusal, the Tribunal could not be satisfied that this criterion was met. Consequently, the Tribunal found that the applicant did not meet the requirements for the Direct Entry stream of the Subclass 187 visa.

The Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicant and the secondary applicants, who applied as members of the applicant's family unit.