Raghu Rajan (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 review of a decision not to grant the visa. The Tribunal, constituted by Alan McMurran, was required to determine whether the applicant had satisfied the criteria for the visa, specifically concerning the nomination of a position.

The central legal issue before the Tribunal was whether the Minister had approved the nomination for the position as required by clause 187.233 of the applicable regulations. This clause mandates that the position be the subject of an approved nomination application in the Direct Entry stream, located in regional Australia, and that the applicant be identified in relation to that position if the nomination was made on or after 1 July 2017.

The Tribunal found that the Department had refused the nomination by Praise Enterprise Pty Ltd on 31 May 2019. A previous review application by the nominator was dismissed by the Tribunal for lack of jurisdiction because the nominator had been deregistered. Consequently, the Tribunal concluded that there was no approved nomination for the applicant. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet the essential requirement of an approved nomination, the Tribunal affirmed the decision not to grant the visa.