Panduru (Migration)

This matter concerned an application for Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187, Direct Entry stream, for retail store managers. The applicants sought to have a decision affirmed by the Tribunal, which had refused to grant them the visas.

The primary legal issue before the Tribunal was whether the applicants met the criteria for the grant of the Subclass 187 visas, specifically concerning the nomination of their positions. This involved determining whether the nominated position had been approved and had not been subsequently withdrawn, and whether the applicants had been identified in the nomination.

The Tribunal considered clause 187.233 of the Regulations, which requires that for the Direct Entry stream, the nominated position must have been the subject of an application for approval under the relevant regulations. The Tribunal noted that while the applicants had made the required declaration and the employer was the nominator, there was no evidence that the nomination itself had been approved. The Tribunal informed the applicants that without an approved nomination, they would not satisfy the necessary criteria, and that a decision had been made to refuse the nomination on 25 January 2018.

As the applicants had not met the requirements for the Direct Entry stream, specifically the requirement for an approved nomination, the Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas.