Sharma (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187 (Regional Sponsored Migration Scheme), direct entry stream, for a café or restaurant manager. The applicant sought review of a decision by the Department of Home Affairs to refuse her visa application. The Tribunal, presided over by P. Maishman, was tasked with determining whether the applicant's visa application should be granted.

The primary legal issue before the Tribunal was whether there was an approved nomination associated with the applicant's visa application, as required by clause 187.233 of the relevant regulations. This clause mandates that the position be the subject of an approved nomination application, located in regional Australia, and that the applicant be identified in relation to that position, particularly for nominations made on or after 1 July 2017. A further issue arose concerning the applicant's request for an extension of time to respond to information provided by the Tribunal under section 359A of the Act, which related to the refusal of the employer's nomination application.

The Tribunal reasoned that the delegate's decision to refuse the visa was based on the refusal of the employer's nomination application by the Minister for Home Affairs. The Tribunal had notified the applicant under section 359A of the Act about the affirmed decision to refuse the nomination and invited comment. The applicant's request for an extension of time to respond was declined, as the reasons provided were vague and repetitive of previous requests, and the information in question was not complex. The Tribunal concluded that further comment would not advance the applicant's case. Crucially, the Tribunal noted that the applicant's child was not included in the review application, and no application had been made to include any other family unit member.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa. The decision was made solely in relation to the named applicant.