Qaiser (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 the decision under review affirmed.

The primary legal issue before the Tribunal was whether the applicant met the requirements for the approval of the nomination under the Direct Entry stream, as set out in regulation 5.19(4) of the Migration Regulations 1994, and consequently, whether the secondary criteria for the visa grant were met. Specifically, the Tribunal considered whether the nominated position was the subject of an approved nomination, whether the employer was the nominator, and whether the nomination had been approved and not withdrawn.

The Tribunal reasoned that for the nomination to be approved, all stipulated requirements must be met. It noted that while the nominated position was located in regional Australia and the employer was the nominator, there was no evidence that the nomination itself had been approved. The Tribunal informed the applicants, in accordance with section 359AA of the Migration Act 1958, that the absence of an approved nomination meant they would not satisfy the necessary criteria under clause 187.233(3) for the visa grant.

Consequently, the Tribunal affirmed the decision not to grant the applicants the Regional Employer Nomination (Permanent) (Class RN) visas, as the requirements for the Direct Entry stream had not been met.