Palinkas Goncalves Aguilar (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream. The applicant sought to have a decision affirmed that refused to grant the visa. The Tribunal, presided over by Phoebe Dunn, was required to determine whether the applicant had met the relevant criteria for the visa.

The central legal issue before the Tribunal was whether the nomination application associated with the visa application had been approved. Specifically, the Tribunal considered clause 187.233 of the Regulations, which outlines the requirements for a nominated position in regional Australia. These requirements include that the position be the subject of an approved nomination, that the nominator be the prospective employer, that there be no adverse information known to Immigration, that the position remains available, and that the visa application be made within six months of the nomination's approval.

The Tribunal found that a delegate of the Minister had refused the nomination application on 22 August 2018, and this decision was affirmed on review by the Tribunal on 1 May 2018. Consequently, the nomination had not been approved as required by clause 187.233(3). As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet this essential requirement, the Tribunal concluded that clause 187.233 was not met. The Tribunal affirmed the decision not to grant the applicant the visa.