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 the decision refusing the grant of this visa affirmed. The Tribunal was required to determine whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233, which mandates, among other things, that the position to which the application relates must be the subject of an approved nomination. Specifically, the Tribunal considered whether the nomination made by Prime Home Insulation Pty Ltd in respect of the applicant had been approved.

The Tribunal reasoned that clause 187.233(3) requires the Minister to have approved the nomination. The Tribunal had previously affirmed a decision not to approve the nomination made by Prime Home Insulation Pty Ltd on 21 September 2020. As the nomination had been refused, the applicant could not satisfy clause 187.233(3), and therefore, the requirements of clause 187.233 were not met. The Tribunal also noted that it had provided the applicant with an opportunity to comment on the information that would lead to the affirmation of the decision, but no response was received within the prescribed period.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa. The Tribunal also noted that it did not have jurisdiction in relation to the second named applicant.