Patel (Migration)

The applicant, Mr. Patel, sought review of a decision not to grant him and secondary applicants Regional Employer Nomination (Permanent) (Class RN) visas. The dispute centred on whether the applicant met all the requirements for the visa, specifically concerning the availability of the nominated position. The matter was heard by the Tribunal.

The primary legal issue before the Tribunal was whether the nominated position remained available to the applicant, as required by clause 187.233(5) of the Migration Regulations 1994. The Tribunal had invited the applicant to provide information demonstrating the continued availability of the position, but this information was not supplied within the prescribed timeframe, and the existing business information was outdated.

The Tribunal reasoned that without current information confirming the position's availability, it could not be satisfied that clause 187.233(5) had been met. As all visa requirements must be satisfied, and this specific requirement was not met, the Tribunal concluded that the applicant and secondary applicants did not meet the criteria for the visa. Consequently, the Tribunal affirmed the original decision to refuse the visa applications.