Rai (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, under the direct entry stream. The applicant's visa application was linked to a nomination made by RNM Enterprise Pty Ltd for the position of Restaurant Manager. The core dispute revolved around whether the nomination had been approved, a prerequisite for the visa.

The Tribunal was required to determine if the applicant met the requirements of clause 187.233 of the Migration Regulations. Specifically, the Tribunal had to ascertain if the position nominated was the subject of an approved nomination, if the nominating entity was the prospective employer, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator, if the position remained available, and if the visa application was lodged within six months of the nomination's approval.

The Tribunal noted that a previous decision on 2 December 2020 had affirmed the delegate's decision not to approve the nomination. The applicant was aware of this lack of approval since December 2020. Despite this, the applicant continued to work as a Restaurant Manager in Queensland and expressed a desire to remain in Australia due to personal circumstances, including pregnancy and concerns about international travel during the COVID-19 pandemic. The Tribunal found that the essential requirement of an approved nomination, as stipulated by clause 187.233(3), had not been met.

Consequently, the Tribunal affirmed the decisions under review, meaning the applicant's Regional Employer Nomination (Permanent) (Class RN) visa was not granted.