Rahman (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, by Mr. Rahman and his spouse. The Administrative Appeals Tribunal was required to determine whether the applicants met the requirements of clause 187.223 for the grant of the visa.

The primary legal issue before the Tribunal was whether the nominated position for a Motor Mechanic was the subject of an approved nomination, as required by clause 187.233 of the Migration Regulations 1994. Specifically, the Tribunal considered whether the nominator's application for approval of the nominated position had been approved and had not been subsequently withdrawn, and whether the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that a critical requirement for the grant of a Subclass 187 visa in the Direct Entry stream is that the nominated position must have an approved nomination. The evidence before the Tribunal indicated that the nominator's application for approval of the nominated position had been refused, and a subsequent attempt to seek review of that refusal was found to be outside the Tribunal's jurisdiction. Consequently, there was no approved nomination in place. While the Tribunal accepted the applicant's submission that the employer's actions were outside his direct control, it reiterated that an approved nomination remained an essential criterion for the visa.

As the applicants failed to satisfy the requirement of an approved nomination, the Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to Mr. Rahman and his spouse.