Saul (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), specifically within the Temporary Residence Transition stream. The applicant sought to have a decision affirmed by the Tribunal, which had previously refused the nomination made by Ottoway Engineering Pty Ltd. The Tribunal, presided over by Justin Meyer, was required to determine whether the applicant had satisfied the relevant criteria for the visa.

The primary legal issue before the Tribunal was the existence of a valid nomination for the applicant. This involved assessing whether the nomination met the requirements of clause 187.223 of the Migration Regulations, which stipulated that the nominated position must be the subject of an approved nomination that identifies the visa applicant, has not been withdrawn, and is located in regional Australia. Additionally, the Tribunal considered whether there was any adverse information concerning the nominator or associated persons, and whether the visa application was made within six months of the nomination's approval. The Tribunal also had to consider the eligibility of secondary applicants, who are family members of the primary applicant.

The Tribunal reasoned that the applicant had failed to demonstrate that a valid nomination was in place, a prerequisite for the visa. Specifically, the Tribunal noted the absence of information confirming a nomination approved by the Minister as required by cl.187.233(3). Consequently, the requirements of cl.187.233 were not met. Furthermore, the Tribunal found that the secondary applicants did not satisfy cl.187.311, as they were not members of the family unit of a person who held a subclass 187 visa granted on the basis of satisfying the primary criteria. As the primary applicant had only sought to satisfy the criteria for the Temporary Residence Transition stream and had failed to meet those requirements, the Tribunal affirmed the decision under review.

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