Shah (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, direct entry stream. The applicant sought review of a decision to refuse this visa. The primary reason for the refusal was that the associated nomination application lodged by The Trustee For The Whitman Family Trust had been refused by a delegate of the Minister for Home Affairs. The Administrative Appeals Tribunal (the Tribunal) was therefore required to determine whether an approved nomination was in place for the applicant's visa application.

The Tribunal considered whether the applicant had satisfied the criteria for the Subclass 187 visa, specifically in relation to the direct entry stream. A key issue was the validity of the nomination, as the delegate's decision to refuse the nomination was central to the visa refusal. The Tribunal also had to consider the applicant's request for an extension of time to respond to information provided under section 359A of the Act, which related to the affirmed decision to refuse the nomination.

The Tribunal reasoned that the applicant had not met the requirements for the Subclass 187 visa in the direct entry stream because the underlying nomination had been refused. The Tribunal had notified the applicant under section 359A of the Act about the affirmed refusal of the nomination and invited a response. Despite the applicant's request for an extension of time to gather further information and explore legal options, the Tribunal declined this request. The Tribunal found that the applicant had ample opportunity to consider his legal options, given the long period since the visa application was lodged in 2018 and the representation by a migration agent. The Tribunal was not persuaded that further delay would assist the applicant's case, as the information provided was not complex.

Consequently, the Tribunal affirmed the decision not to grant the applicant the visa, as the essential criterion of an approved nomination had not been met.