Peerally (Migration)

The Administrative Appeals Tribunal considered a decision to refuse a Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream, to the applicant. The core of the dispute was the applicant's failure to meet the nomination requirements for this visa subclass.

The Tribunal was required to determine whether the applicant had satisfied the criteria for the Subclass 187 visa, specifically concerning the lodgement and approval of a nomination for the position. This involved assessing whether the nomination had been approved by the Department of Home Affairs and had not been subsequently withdrawn, as stipulated by clause 187.233 of the Migration Regulations.

The Tribunal reasoned that the applicant's nominated position had been refused by the Department of Home Affairs, and this refusal was subsequently affirmed by the Tribunal itself. As a prerequisite for the grant of a Subclass 187 visa in the Direct Entry stream, an approved nomination is essential. The Tribunal had invited the applicant to respond to this critical issue, but no response was provided. Consequently, the Tribunal concluded that the applicant had not met the necessary criteria, specifically the requirement for an approved nomination, and therefore affirmed the original decision to refuse the visa.