Patel (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Patel, who sought to obtain a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, under the Direct Entry stream. The dispute arose when the nomination application lodged by Waikerie Hair & Beauty Pty Ltd, the prospective employer, was refused by a delegate of the Minister for Immigration and Border Protection. The applicant also sought visas for secondary applicants, who were family members.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the subclass 187 visa, specifically clause 187.233 of the Migration Regulations, which requires an approved nomination for a position located in regional Australia. The Tribunal also needed to determine if the secondary applicants met the criteria for the visa, contingent on the primary applicant satisfying the requirements.

The Tribunal reasoned that clause 187.233 mandates that the position must be the subject of an approved nomination, and that the nominator must be the prospective employer. Furthermore, for nominations made on or after 1 July 2017, the nomination must identify the applicant in relation to the position. The evidence presented indicated that the nomination lodged by Waikerie Hair & Beauty Pty Ltd had been refused, and the applicant subsequently confirmed that there was no current nomination and that the business had closed. As a result, the Tribunal found that the requirements of clause 187.233 were not met. Consequently, as the primary criteria were not satisfied, the secondary applicants also failed to meet the requirements of clause 187.311.

The Tribunal concluded that the applicant had not satisfied the essential criteria for a subclass 187 visa in the Direct Entry stream. Accordingly, the Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicants.