Panjabi (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 review of a decision to refuse this visa. The Tribunal was required to determine whether the position nominated by the employer, Dulhan Exclusives Pty Ltd, met the requirements of clause 187.233 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominated position was the subject of an approved nomination that had not been refused or withdrawn. Clause 187.233 mandates that the position must be nominated, the nomination must have been approved and not subsequently withdrawn, and other conditions relating to adverse information and availability of the position must be met. The Tribunal also considered whether the applicant had satisfied the criteria for the direct entry stream of the Subclass 187 visa.

The Tribunal noted that the nomination lodged by Dulhan Exclusives Pty Ltd was refused on 11 July 2018. Although an application for review of this refusal was lodged by the company, it was subsequently withdrawn on 3 February 2020. The Tribunal explained to the applicant that it had no discretion to waive the mandatory nomination requirement. As the nomination had been refused, the Tribunal concluded that clause 187.233 was not met. Since the applicant had only sought to satisfy the criteria for the direct entry stream and these requirements were not met, the Tribunal affirmed the decision under review.