Phogat (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Phogat and other applicants seeking Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187, under the Direct Entry stream. The primary dispute concerned whether the applicant had an approved nomination that had not been withdrawn, as required by clause 187.233 of the Migration Regulations 1994. The applicants also sought a recommendation for Ministerial intervention.

The Tribunal was required to determine if the applicant met the criteria for the Subclass 187 visa, specifically whether the nominated position was approved and had not been withdrawn, and if the applicant was identified in the nomination. Additionally, the Tribunal had to consider whether the circumstances warranted a recommendation for Ministerial intervention, assessing the applicants' contributions to Australian society and the economy against the Ministerial Guidelines. The Tribunal also considered the applications of the second, third, and fourth named applicants, who sought visas as family members of the primary applicant.

The Tribunal reasoned that the applicant had not satisfied clause 187.233 because the nominator's application for approval of the nomination had been refused, and this decision was affirmed by the Tribunal. No evidence was presented to demonstrate an approved and unwithdrawn nomination. Consequently, the primary criteria for the visa were not met, leading to the affirmation of the decision not to grant the visa to the primary applicant and, by extension, to the secondary applicants who relied on the primary applicant's eligibility. Regarding Ministerial intervention, the Tribunal found that while acknowledging the applicants' contributions, these were not sufficiently compelling or unique to meet the Ministerial Guidelines for intervention.

The Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicants. The Tribunal declined to refer the matter for Ministerial intervention but noted that the applicants could make such a request directly to the Minister if they believed their circumstances met the relevant guidelines.