Seetharaman (Migration)

The applicant, Mr. Seetharaman, sought review of a decision to refuse his application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The dispute centred on whether the applicant met the requirements for this visa subclass, specifically concerning an approved nomination by a sponsor. The matter was heard by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria set out in clause 187.233 of the Migration Regulations 1994. This clause requires, among other things, that the position to which the visa application relates must have been the subject of an approved nomination by a sponsor, that the sponsor must be the intended employer, that the nomination must not have been withdrawn, and that the visa application must have been made within six months of the nomination's approval.

The Tribunal found that the Department had refused an application by the sponsor to nominate the applicant for the occupation of Cook on 17 May 2019. Consequently, there was no approved nomination in favour of the applicant's sponsor. The Tribunal reasoned that an approved nomination is a fundamental prerequisite for a Subclass 187 visa application in the Direct Entry stream. As this essential criterion was not met, the Tribunal concluded that the application could not succeed, and it was unnecessary to consider any further criteria.

As the primary applicant's claim failed due to the absence of an approved nomination, the Tribunal affirmed the decision not to grant the visa. The applications of any dependent family members, being secondary to the primary application, also necessarily failed.