RAMOS DE CARVALHO (Migration)

This matter concerned an application for review of a decision not to grant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant, Mr. Ramos de Carvalho, sought to have the decision of the Department of Home Affairs affirmed by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the Subclass 187 visa in the Direct Entry stream, specifically concerning the validity and status of the nomination. This required the Tribunal to consider whether the nominated position was approved, whether the nominator was the intended employer, and crucially, whether the nomination had been subsequently withdrawn. The Tribunal also had to consider whether the applicant had provided any further information or made submissions to support their application.

The Tribunal noted that the applicant had not provided any further or additional information beyond what was before the Department when the initial decision was made. Critically, at the time of the Department's decision, the nomination by the sponsor, Zapala, had been withdrawn. The Department had notified the applicant of this withdrawal via a natural justice letter, to which the applicant did not respond. The Tribunal also observed that the applicant had not taken up the opportunity to appear at a hearing to provide further information or make submissions. Applying clause 187.233, which requires that a nomination has been approved and has not been subsequently withdrawn, the Tribunal found that this essential criterion had not been met.

Consequently, the Tribunal affirmed the decision of the Department not to grant the applicant the visa, as the requirements for the Subclass 187 visa in the Direct Entry stream had not been satisfied due to the withdrawal of the nomination.