Patel (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to have a decision not to grant the visa reviewed by the Tribunal. The nominator was the party seeking review of the decision.

The primary legal issue before the Tribunal was whether the nomination for the position of Transport Company Manager had been approved, as required by clause 187.233 of the Migration Regulations 1994. This clause mandates that the position must be the subject of an approved nomination lodged in regional Australia, and where the nomination was made on or after 1 July 2017, the applicant must be identified in relation to that position. Further requirements included that the nominator must be the prospective employer, the nomination must not have been withdrawn, there must be no adverse information known to the Department about the nominator or associated persons (or such information must be disregarded), the position must remain available, and the visa application must be made within six months of the nomination's approval.

The Tribunal found that the visa application form provided details of a nomination for a "Developer Programmer" position, not for a "Transport Company Manager." The applicant had declared that a nominated position was provided, but the details supplied related to a different role. Despite attempts to contact the applicant and their representatives due to the applicant being hospitalised, no response was received regarding the lack of an approved nomination for the position in question. Consequently, the Tribunal concluded that the requirements of clause 187.233 had not been met.

The Tribunal affirmed the decision not to grant the visa to the first named applicant. The Tribunal also noted it did not have jurisdiction to review the application made in respect of the second named applicant.