Sharma (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 Regional Sponsored Migration Scheme, Direct Entry stream. The applicant, Ms. Sharma, sought to have the decision of the Department of Immigration to refuse her nomination approved reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements for an approved nomination for the Subclass 187 visa in the Direct Entry stream. This involved considering whether the nominated position was the subject of an approved nomination application, whether the employer who made the nomination was the prospective employer, whether the nomination had been approved and not withdrawn, whether there was any adverse information concerning the nominator, and whether the position remained available to the applicant within the prescribed timeframe.

The Tribunal noted that for the Direct Entry stream, specific criteria under clause 187.233 and regulation 5.19 of the Migration Regulations 1994 must be met. The applicant stated that she had relocated to take up a role with Australian Skill Programs Pty Ltd, which operated Seymour Indian Cuisine in regional Victoria. However, the applicant also informed the Tribunal that the nomination application had been refused by the Department and that she had not had contact with the nominating employer for over 12 months. Crucially, the Tribunal found that it had no information before it regarding the nomination application itself, and therefore could not ascertain the reasons for its refusal. As the applicant had not satisfied the essential criteria for the visa in the Direct Entry stream, the Tribunal was unable to grant the visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa.