Pawale (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the direct entry stream. The applicant sought to have a decision reviewed by the Tribunal, which had refused to grant the visa. The core of the dispute revolved around whether the applicant met the requirements of clause 187.233(3) of the Migration Regulations 1994, specifically concerning the nomination of the position.

The primary legal issue before the Tribunal was to determine whether the applicant had satisfied the criteria for a Subclass 187 visa in the Direct Entry stream, as set out in clause 187.233(3). This clause requires, among other things, that the position to which the application relates be the subject of an approved nomination, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nomination application lodged by the nominator had been refused on 5 October 2018, and no evidence had been provided to the Tribunal to counter this. Consequently, the Tribunal was not satisfied that there was an approved nomination for the position as required by the regulations. As this essential criterion was not met, the Tribunal affirmed the decision to refuse the applicant a Subclass 187 visa. The Tribunal also affirmed the refusal of visas for the second and third applicants, who were family members, as they did not meet the secondary criterion of being a member of the family unit of a Subclass 187 visa holder and had not met the primary criteria in their own right.