Pasco (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought to satisfy the criteria for this visa, but the primary decision maker had refused the application. The Tribunal was required to determine whether the applicant met the relevant visa criteria.

The central legal issue before the Tribunal was whether the applicant was the subject of an approved nomination for the purposes of clause 187.233 of the Regulations. This clause requires, among other things, that the nomination has been approved and has not been subsequently withdrawn. The applicant’s case relied on a nomination that had been withdrawn by the sponsoring employer.

The Tribunal reasoned that a key criterion for the grant of a Subclass 187 visa in the Direct Entry stream is that the relevant nomination must not have been subsequently withdrawn. The Tribunal noted that the nomination in question had been withdrawn and was no longer available to the applicant. Despite the applicant’s submissions regarding workplace issues that led to the withdrawal, the Tribunal found that these submissions did not alter the fact that the nomination was no longer approved or available. Consequently, the Tribunal concluded that the applicant was not the subject of an approved nomination, and therefore, clause 187.233 was not met.

The Tribunal affirmed the decision not to grant the applicant the visa, as the requirements for the Direct Entry stream had not been satisfied.