SHARMA (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) regarding the refusal of Regional Employer Nomination (Permanent) (Class RN) visas, specifically under the Subclass 187 (Regional Sponsored Migration Scheme) Direct Entry stream. The applicants sought to have the decision to refuse their visa applications set aside.

The primary legal issue before the Tribunal was whether the applicants met the criteria for the grant of the Subclass 187 visas, particularly concerning the requirement for an approved nomination of a position. This involved assessing whether the nominated position was the subject of an approved nomination application, whether the nominator was the prospective employer, and whether the nomination had been approved and not subsequently withdrawn.

The Tribunal considered clause 187.233 of the Migration Regulations, which outlines the requirements for a nomination. While the Tribunal was satisfied that the prospective employer was the nominator and that the position remained available, it noted that a separate decision had been made on 30 October 2017 to refuse the nomination application under regulation 5.19. The Tribunal informed the applicants that without an approved nomination, they could not satisfy the criteria for the visa grant. The applicants acknowledged this, understanding that an approved nomination was a prerequisite for their visa applications to be successful. The Tribunal also found that the second applicant did not meet the criteria for being a member of the family unit of a primary visa holder.

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