Patel (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered the case of Mr Patel and other applicants seeking a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the direct entry stream. The dispute arose from the refusal of the related nomination application by Mondo Fresco, which was subsequently affirmed on review by the Tribunal. The applicants had not responded to a section 359 letter issued by the Tribunal.

The primary legal issue before the Tribunal was whether the applicants met the requirements of clause 187.233 of the Migration Regulations 1994, specifically concerning the approval of the nomination. The Tribunal was required to determine if there was an approved nomination that had not been withdrawn, and if the other conditions stipulated in clause 187.233 were satisfied.

The Tribunal reasoned that clause 187.233(3) requires the Minister to have approved the nomination. In this instance, the nomination application made by Mondo Fresco was rejected by the delegate on 12 December 2017, and the Tribunal affirmed the decision to refuse the nomination on 2 July 2020. Despite being invited to comment or respond to this information, the applicant did not do so. Consequently, the Tribunal found that the applicants did not meet the requirement of an approved nomination, and as they had only sought to satisfy the criteria for the direct entry stream, the decision under review had to be affirmed.

The Tribunal affirmed the decision not to grant the applicants Regional Employer Nomination (Permanent) (Class RN) visas. As the primary applicant did not meet all the requirements, the secondary applicants also did not satisfy the criteria for the visas.