Shubham (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Shubham concerning a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream. The applicant sought review of a decision relating to a nomination for a Retail Manager position.

The primary legal issue before the Tribunal was whether the nominated position remained available to the applicant, and whether the nomination itself was still approved, in light of the circumstances surrounding the application and the employer's situation.

The Tribunal found that the nomination had been approved and that the position remained available to the applicant. The Tribunal reasoned that the employer had met the requirements for the nomination, and there was no evidence to suggest that the position was no longer available or that the nomination had been withdrawn or invalidated. Consequently, the Tribunal remitted the decision under review.