Pamidimalla (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, in the Direct Entry stream. The applicant sought to have the decision of the Administrative Appeals Tribunal (the Tribunal) affirmed, which had affirmed the original decision to refuse the visa. The core of the dispute revolved around whether the applicant met the requirements of clause 187.233(3) of the Migration Regulations 1994, specifically concerning the nomination of a position.

The legal issues before the Tribunal were whether the nominated position was the subject of an approved nomination application, whether the nominator was the intended employer, and whether the nomination had been approved and not subsequently withdrawn. The Tribunal was also required to consider whether there was any adverse information known to Immigration concerning the nominator or associated persons, and whether the position remained available to the applicant, with the visa application being made within six months of the nomination's approval.

The Tribunal's reasoning centred on the fact that the application for approval of the nominated position made by the nominator, Vishvam Pty Ltd ATF The Vishvam Unit Trust, had been refused by a delegate of the Minister for Immigration. This refusal was subsequently affirmed by the Tribunal in a prior matter, meaning the nominator's application for the nominated position had not been approved. Despite the applicant's contention that he was working as a Retail Manager and not a Retail Supervisor, and that the matter had been remitted from the Federal Circuit Court, the Tribunal found that the fundamental requirement of an approved nomination had not been met.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 187 visa, as the essential criteria for the Direct Entry stream had not been satisfied due to the lack of an approved nomination.