Shabbir (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to have a decision affirmed that refused the approval of a nomination made by Eagle Eyes Group Pty Ltd in respect of the applicant for the position of Office Manager. The Tribunal was required to determine whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233, which outlines the criteria for a nominated position in the Direct Entry stream. This clause requires, among other things, that the position be the subject of an approved nomination, that the nominator be the prospective employer, that the nomination has not been withdrawn, that there is no adverse information known to the Department about the nominator or associated persons (or such information is reasonable to disregard), that the position remains available, and that the visa application was made within six months of the nomination's approval. Crucially, the Tribunal noted that the applicant must be the subject of an approved nomination.

The Tribunal reasoned that to satisfy clause 187.233, the nomination must be approved. The Tribunal had previously affirmed the decision not to approve the nomination made by Eagle Eyes Group Pty Ltd. As the nomination had been refused, the Tribunal concluded that clause 187.233(3) was not met. The Tribunal provided the applicant with an opportunity to comment on this information before making its decision.

Consequently, the Tribunal affirmed the decision under review, finding that the applicant had not met the requirements for the Subclass 187 visa in the Direct Entry stream due to the refusal of the associated nomination.