Randhawa (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 sought to have the decision of the Department of Immigration affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 187.233 of the Migration Regulations 1994. This clause mandates, among other things, that the nominated position must have been approved, not subsequently withdrawn, and still available to the applicant.

The Tribunal reasoned that a critical requirement for the visa was an approved nomination for the position. It noted that the nomination lodged by MOIRA BENIWAL PTY LTD had been refused by the Department on 13 February 2018, and this refusal was not challenged by the employer. The applicant acknowledged that without an approved nomination, her visa could not be granted and confirmed that the position was no longer available to her. Consequently, the Tribunal found that clause 187.233 was not met.

The Tribunal affirmed the decision not to grant the applicant the visa, as the essential criteria for the Direct Entry stream of the Subclass 187 visa had not been satisfied.