Pigot (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought review of a decision by the Tribunal which affirmed the refusal to grant the visa. The core of the dispute revolved around whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994, specifically concerning the necessity of an approved nomination.

The Tribunal was required to determine whether the applicant had satisfied the criteria for the Subclass 187 visa in the Direct Entry stream. This involved assessing whether the position to which the application related was the subject of an approved nomination, as stipulated by clause 187.233. The Tribunal also considered the implications of a refusal to approve the nomination on the applicant's eligibility for the visa.

The Tribunal reasoned that for applicants in the Direct Entry stream, clause 187.233 mandates that the position must be the subject of an approved nomination. In this case, the nomination made by The Trustee for the Breizh Trust in respect of the applicants was refused by the Tribunal on 2 July 2018. As the nomination had not been approved, the Tribunal concluded that the applicant could not meet the requirements of clause 187.233(3). Consequently, the Tribunal affirmed the decision not to grant the applicants the Regional Employer Nomination (Permanent) (Class RN) visas.