Rangi (Migration)

This matter concerns an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187 (Regional Sponsored Migration Scheme), under the temporary residence transition stream. The applicant, Mr. Jagroop Rangi, sought review of a decision to refuse his visa application. The core of the dispute revolved around the approval of the employer nomination, which was a prerequisite for the visa grant.

The Tribunal was required to determine whether the applicant satisfied clause 187.223(2) of the Migration Regulations 1994. This involved assessing whether the nominated position was the subject of an approved nomination, whether there was any adverse information concerning the nominator or associated persons, whether the position was located in regional Australia, and whether the position remained available to the applicant. Crucially, the Tribunal also had to consider the impact of the prior affirmation of the employer nomination refusal on the visa application.

The Tribunal affirmed the decision to refuse the employer nomination on the basis that the nominator failed to satisfy regulation 5.19(3). Following this, the Tribunal notified the applicant and his family that the visa could not be granted if the nominated position was not the subject of an approved nomination. The applicant provided a statutory declaration highlighting his long-term commitment to Australia, his family's adaptation and investment, and the potential negative consequences of refusal for his family and the employer.

Ultimately, the Tribunal concluded that the decision under review should be affirmed. This was because the employer nomination had been refused and this refusal was affirmed by the Tribunal. As an approved nomination is a mandatory requirement for the grant of the visa under clause 187.223(2), the applicant could not satisfy this criterion.