Patel (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, in the Direct Entry stream, brought by the applicant and secondary applicants. The Administrative Appeals Tribunal (the Tribunal) was required to review the decision to refuse the visa application.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the grant of a subclass 187 visa, specifically in relation to the requirement for an approved nomination under cl.187.233(3) of Schedule 2 to the Migration Regulations. A further issue concerned whether the secondary applicants, as members of the family unit, met the criteria for the visa, given that the primary applicant had not satisfied the criteria.

The Tribunal reasoned that the applicant had failed to provide any documents or information to establish that she met the criteria for the visa, despite being requested to do so by the Tribunal. Crucially, there was no evidence before the Tribunal demonstrating that the applicant was the subject of a nomination approved by the Minister, as required by cl.187.233(3). Consequently, the requirements of cl.187.233 were not met. As the primary applicant had not satisfied the criteria, the secondary applicants, as members of her family unit, also failed to satisfy cl.187.311.

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