Sadiq (Migration)

This matter concerned an application for review of a decision not to grant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought to have the decision reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the visa, specifically concerning the nomination of the position. This involved determining whether the nominated position of Cook by Miss Masala Pty Ltd had been approved and had not been subsequently withdrawn, and whether the applicant had met the timeframe requirements for the visa application in relation to the nomination approval.

The Tribunal considered that a key requirement for the visa was that the position specified in the visa application must be the subject of an approved nomination. The Tribunal noted that the application for approval of the nominated position had been refused by a delegate of the Minister, and the Tribunal had no jurisdiction to review that refusal. The Tribunal had invited the applicant to provide comments on this adverse information, offering an extension of time. The applicant requested further time to collect documents, citing processing delays and COVID-19 difficulties, but ultimately stated he had no further information to provide if an extension could not be granted. As the nomination had not been approved, a fundamental criterion for the visa was not met.

Consequently, the Tribunal affirmed the decision not to grant the applicant the visa, as the requirements for the Direct Entry stream had not been satisfied due to the refusal of the nomination application.