Naz (Migration)

This matter concerned an appeal by the applicant, Mrs Naz, and secondary applicants, her husband and child, against a decision of the Department of Home Affairs to refuse their applications for a Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream. The core of the dispute revolved around the status of the employer's nomination for Mrs Naz's position as a chef.

The Tribunal was required to determine whether there was an approved nomination in place for Mrs Naz's visa application, as this is a mandatory requirement for the grant of a Subclass 187 visa. The Tribunal also considered the implications for the secondary applicants, whose applications were dependent on Mrs Naz satisfying the primary criteria for the visa.

The Tribunal reasoned that the employer's nomination application had been withdrawn by the nominator on 11 April 2019. This withdrawal meant that the nomination was no longer approved, and therefore, a critical requirement under clause 187.233(3) of Schedule 2 to the Migration Regulations 1994 was not met. The Tribunal explained to the applicant that this failure to satisfy the nomination requirement would necessitate affirming the decision under review. Furthermore, as Mrs Naz had not met the primary criteria, the secondary applicants, who relied on her application, also failed to satisfy the requirements of clause 187.311.

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