Ramandeep (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, by the applicant, Ramandeep. The decision under review was the refusal to grant this visa. The applicant's nominator, Annilax Enterprises Pty Ltd, had previously lodged a nomination application which was refused by a delegate of the Minister on 17 May 2018. Subsequently, the nominator withdrew their merits review application with the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 187 visa, specifically clause 187.233, which requires, among other things, that the nomination for the position be approved and not subsequently withdrawn. The Tribunal also considered whether the applicant met the criteria under the Temporary Residence Transition Stream and the Agreement Stream, and for family members.

The Tribunal reasoned that clause 187.233(3) mandates that the nomination must have been approved by the Minister. As the nomination application was refused on 17 May 2018, this criterion was not met. Furthermore, clause 187.233(4) requires that the nomination has not been subsequently withdrawn. While the nominator withdrew their merits review application, the underlying nomination itself had been refused, meaning it was never approved to begin with. The Tribunal noted that the applicant had not responded to a section 359A letter advising that the withdrawal of the merits review application was relevant and that the nomination had not been approved, and that consequently, the decision under review might be affirmed. The Tribunal found that the applicant had not satisfied the requirements for the Direct Entry stream, nor had they made claims under other streams.

The Tribunal affirmed the decision not to grant the applicant the Regional Employer Nomination (Permanent) (Class RN) visa.