NRIT SOLUTIONS PTY. LTD (Migration)

This matter concerned an appeal by NRIT SOLUTIONS PTY. LTD against a decision to refuse the approval of a nomination for a Subclass 187 (Regional Sponsored Migration Scheme) visa in the Direct Entry stream. The applicant sought to nominate an ICT Business Development Manager position located in Franklin, ACT. The delegate had refused the nomination on the basis that the applicant had not provided evidence of obtaining advice from a specified Regional Certifying Body, as required by the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant had met all the requirements for the approval of the nomination under regulation 5.19 of the Migration Regulations 1994, specifically focusing on the additional requirements for the Direct Entry stream under regulation 5.19(9) and the stream-specific requirements for a Subclass 187 visa under regulation 5.19(12). The court was required to determine if the applicant had satisfied the mandatory requirement for advice from a Regional Certifying Body as stipulated in regulation 5.19(12)(f).

The Tribunal affirmed the delegate's decision to refuse the nomination. The court reasoned that regulation 5.19(12)(f) mandates that the Minister must have been advised by a specified Regional Certifying Body regarding key aspects of the nomination, including salary rates, genuine need for the position, and whether the position could be filled by an Australian citizen or permanent resident. The evidence before the Tribunal indicated that the applicant had been given multiple opportunities to provide this crucial advice but had failed to do so. Consequently, the Tribunal was not satisfied that the applicant met the requirements of regulation 5.19.

The Tribunal ordered that the decision under review to refuse the nomination be affirmed.