Shazia Yousuf (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, in the Direct Entry stream, for the position of Café or Restaurant Manager. The applicant sought review of a decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the nominated position had been approved and had not been subsequently withdrawn, as required by subclause 187.233(3) and (4).

The Tribunal reasoned that the nominator, FT Fowler and TB Fowler, had withdrawn their nomination review application on 28 July 2021. As a consequence, the nomination was not approved and had been withdrawn. This failure to meet the requirement of an approved and un-withdrawn nomination meant that clause 187.233 was not satisfied. The Tribunal also noted that it had provided the applicant with an opportunity to comment on this information, but no response was received within the prescribed period.

Consequently, the Tribunal affirmed the decision not to grant the applicant the visa, as the essential criteria for the Subclass 187 visa in the Direct Entry stream had not been met.