Shoaib (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a position as a Specialist Manager. The applicant was nominated by the trustee for the U-SEC Unit Trust. The Administrative Appeals Tribunal (the Tribunal) was required to review a decision to affirm the refusal of the visa application.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the Subclass 187 visa in the Direct Entry stream, specifically clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause requires, among other things, that the position to which the application relates be the subject of an approved nomination, that the nominator be the prospective employer, that the nomination has not been withdrawn, that there is no adverse information known to the Department of Immigration, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal noted that the application for approval of the nominated position had been refused by a delegate of the Minister on 16 April 2019. The nominator had applied to the Tribunal for a review of that decision, and on 31 May 2023, the Tribunal affirmed the decision not to approve the nomination. Consequently, the Tribunal found that the essential requirement of an approved nomination, as stipulated in clause 187.233(3), had not been met. The Tribunal also noted that the applicant had been invited to comment on this information and had requested an extension of time to respond, which was not granted without a reason.

As the applicant had failed to satisfy the mandatory criteria for the visa, specifically the requirement for an approved nomination, the Tribunal affirmed the decision not to grant the visa.