Sharma Dahal (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), specifically under the Direct Entry stream. The applicant, Mr. Dahal, sought to have a decision refusing the approval of a nomination made by Darbar Indian Nepalese Restaurant (Fremantle) Pty Ltd affirmed. The Tribunal was tasked with determining whether the applicant met the requirements for this visa subclass.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria set out in clause 187.233 of the Migration Regulations. This clause requires, among other things, that the nominated position be the subject of an approved nomination application located in regional Australia, that the applicant be identified in the nomination if made after 1 July 2017, that the nominator be the prospective employer, and that the nomination has not been withdrawn and is still available. Crucially, it also requires the nomination to have been approved by the Minister.

The Tribunal reasoned that the nomination application made by Darbar Indian Nepalese Restaurant (Fremantle) Pty Ltd had been refused on 30 April 2019. As clause 187.233(3) mandates that the nomination must be approved, this requirement was not met. The Tribunal had invited the applicant to respond to information that would lead to affirming the decision, including the refusal of the nomination, but no response was received by the prescribed deadline. Consequently, the Tribunal concluded that the applicant was not entitled to appear before it, and it proceeded to make a decision based on the available information.

The Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas, 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.