Sandhu (Migration)

The Administrative Appeals Tribunal considered the case of Mr and Mrs Sandhu, who sought review of a decision to refuse their applications for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The dispute centred on whether the nomination for the Finance Manager position with Nextdot Solution Pty Ltd had been approved, a prerequisite for the visa grant.

The primary legal issue before the Tribunal was to determine whether the nomination for the position of Finance Manager, as required by clause 187.233 of the Migration Regulations 1994, had been approved. This involved assessing whether the position was the subject of an approved nomination or a pending review of a refusal decision, as stipulated by the Regulations.

The Tribunal reasoned that for a Subclass 187 visa in the Direct Entry stream, the nominated position must have been approved. Evidence before the Tribunal indicated that the delegate had refused the nomination on 6 November 2019, and the nominator had not sought a review of this decision. The Tribunal had requested evidence of an approved nomination or a pending review by 4 November 2019. As the applicants had not provided such evidence and the nomination had been refused without a subsequent review, the Tribunal concluded that a key criterion for the visa grant had not been met.

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