Patel (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a Retail Manager (General) position. The applicant sought to satisfy the criteria for this specific visa stream. The Administrative Appeals Tribunal, constituted by Member George Hallwood, was required to determine whether the position to which the application related was the subject of an approved nomination in the Direct Entry stream, located in regional Australia.

The Tribunal considered clause 187.233 of the Migration Regulations, which outlines the requirements for a nominated position. This clause mandates that the position must be the subject of an application for approval of a nomination in the Direct Entry stream, located in regional Australia, and must identify the applicant in relation to the position if the nomination was made on or after 1 July 2017. Crucially, the clause also requires that the nomination has been approved by the Minister and has not been subsequently withdrawn, that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that on 11 October 2021, it had affirmed the decision to reject the nomination by the Trustee for Yashiv Family for the Retail Store Manager position. Consequently, the Tribunal was not satisfied that the applicant's application met the requirement under clause 187.233(3) that the Minister had approved the nomination. As this essential criterion was not met, and no claims were made in respect of other visa streams, the Tribunal affirmed the decision not to grant the visa.