Patel (Migration)

The Administrative Appeals Tribunal considered the case of the applicants, Mr. and Mrs. Patel, who sought to have a decision not to grant them Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187 (Regional Sponsored Migration Scheme), direct entry stream, reviewed. The core of the dispute revolved around whether the applicants were the subject of an approved nomination for a position in regional Australia.

The legal issue before the Tribunal was whether the applicants met the criteria for a Subclass 187 visa in the direct entry stream, specifically clause 187.233, which requires the position to be the subject of an approved nomination. This clause mandates that the nomination must have been approved, not subsequently withdrawn, and that the applicant must be identified in the nomination application. The Tribunal also had to consider whether the position remained available to the applicant and if the visa application was lodged within six months of the nomination's approval.

The Tribunal reasoned that the delegate's decision, provided by the applicants, indicated that the nomination lodged by Education Stars Pty Ltd on behalf of the primary applicant was refused on 3 December 2019. As no further evidence or response was provided by the applicants to counter this, the Tribunal found that the applicants were not the subject of an approved nomination, and therefore, clause 187.233 was not met. Consequently, as the primary applicant failed to satisfy the visa criteria, the Tribunal also found that the secondary applicant did not meet the criteria. The Tribunal affirmed the decision not to grant the visas.