Patel (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for the nominated position of Motor Mechanic (General). The applicant sought to satisfy the criteria for this visa subclass. The Tribunal was required to determine whether the applicant met the relevant criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233 of the Migration Regulations 1994. This clause requires, among other things, that the position to which the application relates must be the subject of an approved nomination that has not been subsequently withdrawn, and that the position must still be available to the applicant.

The Tribunal reasoned that the applicant's nominated position as a Motor Mechanic (General) was the subject of an approved nomination by "M Dawes B Wright And Sons Pty Ltd". However, this nomination was withdrawn on 6 August 2018. As the applicant was not the subject of an approved nomination that had not been withdrawn, they failed to satisfy clause 187.233. Consequently, the applicant did not meet the primary criteria for the Subclass 187 visa. As the primary applicant did not satisfy the criteria, the secondary applicants, who were family members, also failed to satisfy the secondary criteria, specifically clause 187.311.

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