SAINI (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought review of the delegate's decision to refuse the visa. The Tribunal, constituted by C. Packer, affirmed the delegate's decision.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the Subclass 187 visa, specifically clause 187.233, which requires, among other things, that the nominated position be the subject of an approved nomination in regional Australia, that the nominator be the prospective employer, and that the nomination has not been withdrawn. The Tribunal also considered whether the applicant had met the requirement that the visa application be made no more than six months after the nomination was approved.

The Tribunal reasoned that the nominator, Aus Real Estate Pty Ltd, had applied for review of a decision to refuse its nomination, and the Tribunal had affirmed that refusal on 21 March 2019. Consequently, clause 187.233 could not be met as there was no approved nomination. The applicant had only sought to satisfy the criteria for the Direct Entry stream. The Tribunal noted that the applicant had requested additional time to attend a hearing, stating their employer was overseas, but this did not overcome the fundamental failure to meet the nomination requirements.

The Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa because the essential criteria for the Direct Entry stream, particularly the requirement for an approved nomination, had not been met.