Patel (Migration)

This matter concerned an application for Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a Retail Manager (General). The applicants sought review of a decision to refuse their visa applications.

The primary legal issue before the Tribunal was whether the applicants satisfied the essential criteria for the grant of the Subclass 187 visas, specifically focusing on the requirements of clause 187.233 of the Migration Regulations 1994. This clause mandates, among other things, that the position to which the application relates must be the subject of an approved nomination, that the nominator must be the prospective employer, and that the nomination must not have been withdrawn and must not be subject to adverse information.

The Tribunal found that the nomination application for the position of Retail Manager (General) had been refused on 23 March 2020. As a consequence of this refusal, the Tribunal determined that the applicants could not satisfy clause 187.233(3) of the Regulations, which requires the Minister to have approved the nomination. Without an approved nomination, the applicants could not meet the primary criteria for the Subclass 187 visa, nor could the secondary applicants, who are family members, satisfy clause 187.311.

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