PERRONIER (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 of the Department of Immigration and Border Protection, which refused the visa, reviewed by the Tribunal. The nominated position was that of a Sales and Marketing Manager.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994, specifically concerning the nomination of the position. This clause requires, among other things, that the nominated position be approved and not subsequently withdrawn, and that the visa application be made within six months of the nomination's approval.

The Tribunal reasoned that for applicants in the Direct Entry stream, clause 187.233 mandates that the nominated position must have been approved. The Tribunal noted that the nomination lodged by Urban Stays Pty Ltd, the nominator in this case, was refused by the delegate on 19 April 2017. As the nomination had been refused, the Tribunal concluded that the applicant could not satisfy clause 187.233(3), which requires the nomination to be approved. Consequently, the Tribunal found that clause 187.233 as a whole was not met.

Given that the applicant had only sought to satisfy the criteria for the Subclass 187 visa in the Direct Entry stream and had failed to meet the essential requirements for that stream, the Tribunal affirmed the decision under review. The Tribunal therefore made the decision not to grant the applicant the Regional Employer Nomination (Permanent) (Class RN) visa.