Puri (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, in the direct entry stream. The applicant's employer had lodged a nomination application for a café or restaurant manager position, which was subsequently refused. The core dispute revolved around whether the applicant met the requirements for the visa, specifically concerning the approved nomination of the position.

The Tribunal was required to determine if the applicant satisfied clause 187.233 of the Migration Regulations, which outlines the criteria for a nominated position in the direct entry stream. This included whether the position was the subject of an approved nomination, whether the nominator was the intended employer, and whether the nomination had been approved and not withdrawn. The Tribunal also had to consider the implications of the nominator's deregistration and the previous finding that the Tribunal lacked jurisdiction to review the nomination refusal.

The Tribunal reasoned that a fundamental requirement for the visa was an approved nomination. It noted that the nomination application lodged by Punjabi Spices Pty Ltd had been refused. Furthermore, the Tribunal had previously determined that it had no jurisdiction to consider a review of that refusal because the nominating company had been deregistered. Consequently, there was no approved nomination, nor was there a pending review of the nomination refusal that could be considered. The Tribunal explained to the applicant that the absence of an approved nomination, and the inability to review the refusal, meant that the applicant could not satisfy the criteria for the visa.

Accordingly, the Tribunal affirmed the delegate's decision to refuse the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187.