Patel (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought this visa as a Salon Manager, based on a nomination made by The Threading Company Pty Ltd.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994, specifically subclause (3), which mandates that the Minister must have approved the nomination. The Tribunal also considered the broader requirements of clause 187.233, including that the nominated position must be located in regional Australia, that the nominator must be the prospective employer, that the nomination must not have been withdrawn, that there must be no adverse information known to Immigration, that the position must remain available, and that the visa application must be made within six months of the nomination's approval.

The Tribunal reasoned that the nominator, The Threading Company Pty Ltd, had applied for approval of a nomination, but this application was refused by a delegate on 17 May 2016. The nominator sought review of this refusal, and on 9 October 2018, the Tribunal affirmed the decision to refuse the nomination. Consequently, the nomination was not approved. The Tribunal notified the applicant of this development and invited comments, but no response was received. Based on the evidence, the Tribunal concluded that the requirement under cl.187.233(3) that the Minister has approved the nomination was not met, as the nomination had been refused.

The Tribunal affirmed the decision not to grant the applicant the Subclass 187 visa because the essential criterion of an approved nomination had not been satisfied.