Nawaz (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, Direct Entry stream. The applicant sought review of a decision not to grant the visa. The Tribunal was required to determine whether the position to which the application related was the subject of an approved nomination, as required by clause 187.233 of the Migration Regulations 1994.

The Tribunal considered the criteria under clause 187.233, which included that the position must be nominated in an application for approval, that the employer must be the nominator, that the nomination must have been approved and not withdrawn, that there must be no adverse information known to Immigration or it must be reasonable to disregard such information, that the position must still be available, and that the visa application must be made within six months of the nomination's approval. The Tribunal noted that the nomination lodged by Gajraj Pty Ltd was refused on 20 March 2019. Subsequently, the Tribunal decided it lacked jurisdiction to review this refusal because the company had been deregistered.

The applicant acknowledged the Tribunal's explanation of the requirements and the status of the nomination. The applicant explained that serious illness had impacted his ability to work, which in turn affected the nominating business, leading to its closure. While the Tribunal accepted the medical evidence regarding the applicant's illness, it found that in the absence of evidence that the position was the subject of an approved nomination, the decision to affirm the delegate's refusal was warranted. Consequently, the Tribunal affirmed the decision not to grant the applicants the visas.