Sharda (Migration)

The Administrative Appeals Tribunal considered the application of Mr. Sharda for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, Direct Entry stream. The primary dispute concerned whether the nomination of a position by Hawkesbury Valley Meat Processors Pty Ltd, on which Mr. Sharda's visa application was based, had been approved. The Department had refused this nomination, and consequently, Mr. Sharda's visa application was also refused.

The Tribunal was required to determine whether the relevant nomination had been approved, as stipulated by clause 187.233 of the Migration Regulations. This clause mandates that the nominated position must be the subject of an approved nomination application, located in regional Australia, and, for nominations made on or after 1 July 2017, must identify the applicant. Crucially, the nomination itself must have been approved.

The Tribunal reasoned that the Department had refused the nomination, and there was no record of the nominator having applied for a review of that refusal. Despite Mr. Sharda's attempts to contact his former employer and his request for the Tribunal to consider his circumstances on natural justice grounds, he failed to provide evidence of an approved nomination or a pending review. Furthermore, Mr. Sharda did not appear at the scheduled hearing, and no further substantive information was provided. The Tribunal concluded that the primary applicant did not meet the requirements for the visa grant.

Consequently, the Tribunal affirmed the decision not to grant Mr. Sharda, and the secondary applicant (a member of his family unit), the Regional Employer Nomination (Permanent) (Class RN) visas.