Patel (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a Marketing Specialist. The applicant sought review of a decision by the Tribunal to affirm the refusal of their visa application. The primary issue before the Tribunal was whether the position to which the application related was the subject of an approved nomination.

The Tribunal was required to determine if the applicant met the criteria under clause 187.233 of the Migration Regulations 1994, specifically whether the nominated position was the subject of an approved nomination that had not been withdrawn, and if other associated requirements were satisfied. The Tribunal also considered the implications for secondary applicants if the primary applicant failed to meet the criteria.

The Tribunal reasoned that a key requirement of clause 187.233 is that the nominated position must be the subject of an approved nomination. In this case, the nomination lodged by Shop EZ Pty Ltd was refused by a delegate of the Minister for Home Affairs on 21 June 2019. Although Shop EZ Pty Ltd applied for Tribunal review of this refusal, they subsequently withdrew that application, and the Tribunal determined it lacked jurisdiction to consider the matter further. As the relevant nomination had been refused and not remitted on review, the Tribunal concluded that the criterion requiring an approved nomination was not met.

Consequently, the Tribunal affirmed the decision not to grant the applicants the Regional Employer Nomination (Permanent) (Class RN) visas, as the primary applicant did not meet the criteria in clause 187.233, and by extension, the secondary applicants did not meet the criteria in clause 187.311.