Patel (Migration)

The Administrative Appeals Tribunal considered the case of Patel, who sought review of a decision not to grant a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187 Regional Sponsored Migration Scheme, Direct Entry stream. The applicant's nominated position was Retail Manager (General). The primary issue before the Tribunal was whether the applicant satisfied clause 187.233 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the nominated position met the requirements of the regulations, specifically concerning the approval and validity of the nomination, the employer's identity, the availability of the position, and the timing of the visa application relative to the nomination approval. The Tribunal also considered whether any adverse information known to the Department about the nominator or associated persons could be disregarded.

The Tribunal noted that the applicant's original nominator failed to diligently pursue the necessary approvals, leading to the nomination being refused by the Department. Subsequently, the nominator's business ceased operations. While the applicant provided evidence of her qualifications and employment history, including payslips from her nominator and another employer, and other supporting documents, the Tribunal found that the core requirement of an approved and valid nomination was not met. The Tribunal concluded that the applicant did not satisfy the primary criteria for the visa.

Consequently, the Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visa to the applicant. As the primary applicant did not meet the criteria, the secondary applicant, who applied as a member of the family unit, also did not meet the criteria for the visa.