Rapagnetta (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, in the direct entry stream. The applicant sought to have a decision affirmed that refused their visa application. The core of the dispute revolved around the applicant's nominated position as a cook, which was the subject of an approved position nomination.

The Tribunal was required to determine whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994. Specifically, the Tribunal had to consider whether the nominated position was the subject of an approved nomination, whether the nominator was the prospective employer, whether the nomination had been approved and not withdrawn, whether there was any adverse information concerning the nominator or associated persons, whether the position remained available, and whether the visa application was made within six months of the nomination's approval.

The Tribunal found that the nomination made by The Vale Café Moss Vale Pty Ltd had been refused, and therefore, it had not been approved. Consequently, the Tribunal concluded that clause 187.233(3) was not met. As the applicant had only sought to satisfy the criteria for the direct entry stream and had failed to meet the essential requirements for this stream, the Tribunal affirmed the decision under review. The Tribunal therefore affirmed the decision not to grant the applicant the visa.