Rehmani (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for the position of Cook. The review applicants failed to appear before the Tribunal for a scheduled telephone hearing, despite having previously indicated a desire to give oral evidence. The Tribunal, having considered the available material and the applicants' non-appearance, proceeded to make a decision on the review.

The primary legal issue before the Tribunal was whether the nominated position met the requirements of clause 187.233 of the Migration Regulations 1994. This clause mandates that the position must be the subject of an approved nomination, located in regional Australia, and identified the applicant. Further requirements include that the nominator is the prospective employer, the nomination has been approved and not withdrawn, there is no adverse information concerning the nominator or associated persons, the position remains available, and the visa application was made within six months of the nomination's approval. The Tribunal also considered adverse information that the nomination application for the Cook position had been refused, and a subsequent review of that refusal was found to be outside the Tribunal's jurisdiction.

The Tribunal reasoned that a fundamental requirement for the grant of this visa is an approved nomination. It noted that the applicants had been invited to a hearing and provided with reminders, but failed to attend. Pursuant to section 362B of the Migration Act 1958, the Tribunal was empowered to make a decision without further action to enable the applicants to appear. The Tribunal found that the adverse information regarding the refusal of the nomination was relevant because it directly impacted the requirement for an approved nomination. Furthermore, the Tribunal affirmed the decision to refuse visas for the secondary applicants, as they did not meet the criteria for being a family unit member of a Subclass 187 visa holder and had not met the primary criteria in their own right.

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