Sethi (Migration)

This matter concerned an application for review of a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to rely on a nomination made by C P Singh & K Singh. The core dispute revolved around whether the nomination associated with the applicant's visa application had been approved.

The Tribunal was required to determine whether the applicant had satisfied the criteria for the Subclass 187 visa, specifically clause 187.233, which mandates that the position be the subject of an approved nomination in regional Australia, and that the nomination itself has been approved. The applicant's visa application was refused because the associated nomination was refused by the Department on 13 November 2018.

The Tribunal reasoned that the applicant's visa application was predicated on the associated nomination. Despite the applicant's submissions regarding the impact of the refusal and the nominator's business closure, the central issue remained the status of the nomination. As the nomination had been refused and this decision was not set aside on review, and given the Tribunal lacked jurisdiction to review the nomination refusal itself, the Department's decision stood. The Tribunal further noted that a new nomination would not assist the applicant as only the nomination made at the time of the visa application could be relied upon. Consequently, the Tribunal affirmed the decision not to grant the visa.