Shrestha (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought review of the decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for the visa, specifically clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause requires that the position to which the visa application relates be the subject of an approved nomination, made by the prospective employer, and that certain other conditions regarding the nomination and the applicant's relationship to it are met.

The Tribunal reasoned that the applicant's employer, Futuristic IT Technologies Pty Ltd, had applied to nominate the applicant for the position of Sales and Accountant (General). However, this nomination application was refused by the Department of Home Affairs, and that refusal was subsequently affirmed by the Tribunal on merits review on 25 July 2023. Consequently, the position was not the subject of an approved nomination as required by clause 187.233(3). The Tribunal also noted that the applicant had requested a postponement of his hearing without providing a reason, which was denied.

The Tribunal affirmed the decision not to grant the visa, finding that the applicant did not satisfy the primary criteria. As a result, the Tribunal also found that any secondary applicants did not satisfy the secondary criteria for the visa.