Sachdeva (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Sachdeva, an applicant for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The core dispute revolved around whether the applicant was the subject of an approved nomination for the position they sought to be employed in.

The Tribunal was required to determine if the applicant met the criteria for the Subclass 187 visa, specifically concerning the requirement for an approved nomination. This involved assessing whether the nominated position was indeed the subject of an approved nomination, whether the nominator was the intended employer, and if the nomination had been approved and not subsequently withdrawn. The Tribunal also had to consider the timing of the visa application in relation to the nomination approval and the presence of any adverse information.

The Tribunal's reasoning focused on the essential requirement that the position to which the visa application relates must be the subject of an approved nomination. The Tribunal noted that it had invited the applicant to respond to information indicating that the nominator's application for approval of the nominated position had been refused and that this refusal had been affirmed on review by the AAT. Consequently, the nominator's application for the nominated occupation had not been approved. As an approved nomination is a prerequisite for the grant of the visa, the Tribunal concluded that this criterion had not been met.

The Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, on the basis that the applicant had failed to satisfy the essential requirement of having an approved nomination.