Sharma (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, brought before the Tribunal by the applicant, Mr. Sharma. The core of the dispute revolved around whether the applicant had satisfied the mandatory requirement of having an approved nomination for the position he sought to be granted the visa. The Tribunal was tasked with reviewing the delegate's decision to refuse the visa.

The primary legal issue before the Tribunal was to determine whether the applicant's nominated position was the subject of an approved nomination, as required by clause 187.233 of the Migration Regulations. This clause mandates that the position must be nominated in an application for approval, that the applicant must be identified in that nomination, and that the nomination must have been approved by the Minister and not subsequently withdrawn. Further requirements include that the nominator is the prospective employer, that there is no adverse information known to Immigration, that the position remains available, and that the visa application is made within six months of the nomination's approval.

The Tribunal found that the applicant conceded that there was no current approved nomination for the position. The Tribunal had accessed departmental systems which indicated no approved nomination was in place. While the applicant claimed to be a victim of migration fraud perpetrated by his former migration agent, this explanation did not overcome the fundamental regulatory requirement for an approved nomination. The Tribunal applied clause 187.233, noting that the applicant had failed to meet this essential criterion for the visa.

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