PATEL (Migration)

This matter concerned an appeal by the applicants against the refusal of their applications for Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187 (Regional Sponsored Migration Scheme), under the direct entry stream. The primary applicant sought the visa based on a nominated position of Office Manager, with the second applicant seeking to join as a member of the family unit.

The central legal issue before the Tribunal was whether the requirements of clause 187.233 of the Migration Regulations 1994 were met, specifically concerning the approval of the nomination for the position. The Tribunal was required to determine if the nomination had been approved by the Minister and had not been subsequently withdrawn, as stipulated by the regulations. Additionally, the Tribunal had to consider whether the second applicant met the criteria for a family unit member, which was contingent on the primary applicant being granted the visa.

The Tribunal reasoned that the nomination application for the Office Manager position was refused by a delegate of the Minister on 2 January 2018. This refusal was affirmed by the Tribunal on review on 17 November 2020, meaning the nomination had not been approved as required by clause 187.233(3). Consequently, the primary applicant did not meet the criteria for the Subclass 187 visa in the direct entry stream. As the primary applicant had not met the primary criteria and had not been granted a visa, the second applicant, who relied on being a member of the family unit, also failed to satisfy clause 187.311(a).

The Tribunal affirmed the decision not to grant the applicants Regional Employer Nomination (Permanent) (Class RN) visas.