Paneru (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, Direct Entry stream, for the position of Pastry Cook. The applicant, Ms. Sabira Paneru, was the nominee, and the sponsoring employers were P Banjade Sapkota and S Sapkota. The Federal Circuit Court had remitted the matter for review by the Tribunal.

The primary legal issue before the Tribunal was whether the nomination for the position of Pastry Cook had been approved. This was a critical prerequisite for the applicant to satisfy the criteria for the subclass 187 visa, specifically clause 187.233(3) of the Migration Regulations. The Tribunal also considered the implications for secondary visa applicants, who would be unable to satisfy clause 187.311 if the primary applicant's visa was refused.

The Tribunal's reasoning focused on the requirement for an approved nomination. It noted that the Department had refused the nomination application on 6 September 2016, and this decision was subsequently affirmed by the Tribunal on 13 February 2019. The Tribunal had notified the applicant of this affirmation and advised that without an approved nomination, she could not satisfy the visa criteria. The applicant was given an opportunity to respond but did not do so. Consequently, the Tribunal concluded that the nomination had not been approved and that the applicant had not met the requirements for the Direct Entry stream of the subclass 187 visa.

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