Shahid (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, direct entry stream, by an applicant whose employer, Beyond India Café Bar and Restaurant Pty Ltd, had withdrawn its position nomination. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for the visa.

The primary legal issue before the Tribunal was whether the position to which the visa application related was the subject of an approved nomination that had not been subsequently withdrawn, as required by clause 187.233 of the Migration Regulations 1994. This clause mandates that the nomination must be approved and not withdrawn, among other conditions, for the applicant to satisfy the visa requirements.

The Tribunal reasoned that clause 187.233(4) specifically requires that a nomination has not been subsequently withdrawn. Evidence presented indicated that the nomination lodged by the employer was withdrawn on 12 August 2019. In the absence of any contrary evidence, the Tribunal concluded that this criterion was not met. As the applicant had only sought to satisfy the criteria for the direct entry stream and had failed to meet this essential requirement, the Tribunal affirmed the decision not to grant the visa.