Sagoo (Migration)

The Administrative Appeals Tribunal considered the case of Mr Sagoo, who sought review of a decision not to grant him a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The core of the dispute revolved around whether the nominated position for which Mr Sagoo applied met the relevant legislative criteria.

The Tribunal was required to determine whether the position nominated by Tushaan Enterprises Pty Ltd for Mr Sagoo as a Cook was the subject of an approved nomination, as mandated by clause 187.233 of the Migration Regulations. This clause requires, among other things, that the nominated position be located in regional Australia, that the applicant be identified in the nomination if made after 1 July 2017, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, and that there is no adverse information concerning the nominator or associated persons, or that such information is reasonable to disregard.

The Tribunal's reasoning focused on the fact 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. Consequently, the essential requirement that the position be the subject of an *approved* nomination was not met. While Mr Sagoo provided medical evidence for a postponement of a hearing and explained his personal circumstances, these did not alter the fundamental failure to satisfy the nomination criteria.

Accordingly, the Tribunal affirmed the decision not to grant Mr Sagoo the visa, as the requirements for the Subclass 187 visa in the Direct Entry stream had not been met.