Sareen (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 to have a decision of the Department of Immigration and Border Protection affirmed by the Tribunal, which had refused to grant the visa.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 187.223 of the Migration Regulations 1994, specifically concerning the nomination of a position. This clause mandates that for applicants in the Direct Entry stream, the position must be the subject of an approved nomination, which has not been withdrawn, and that the applicant must be identified in that nomination. Further requirements include that the nominator must be the intended employer, there must be no adverse information known to the Department about the nominator or associated persons, the position must remain available to the applicant, and the visa application must be lodged within six months of the nomination's approval.

The Tribunal noted that the applicant's employer, Jack & Jill Restaurant, had withdrawn its nomination for the applicant's position on 16 April 2018. The applicant acknowledged this withdrawal and understood that the nomination was no longer available. Despite the applicant's submissions regarding personal circumstances and his long-term desire to settle in Australia, the Tribunal found that the essential criterion of having an approved and available nomination had not been met. Consequently, the Tribunal affirmed the decision not to grant the visa.