SIDHU (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the temporary residence transition stream. The applicant's employer, Basant Holdings Pty Ltd, had its nomination for the position of Cook refused, a decision that was affirmed on review by the Tribunal. The applicant was subsequently informed of the reasons for the potential refusal of their visa, which were linked to the lack of an approved nomination.

The primary legal issue before the Tribunal was whether the nomination for the position of Cook by Basant Holdings Pty Ltd had been approved, as required by clause 187.223 of the Migration Regulations. This clause mandates that the position must be the subject of an approved nomination in the Temporary Residence Transition stream, identifying the visa applicant, and that the nomination must not have been subsequently withdrawn. Further requirements include the absence of adverse information concerning the nominator or associated persons, the position being located in regional Australia, its continued availability to the applicant, and the visa application being lodged within six months of the nomination's approval.

The Tribunal found that departmental records indicated the nomination was refused on 4 July 2016, and this refusal was affirmed by a differently constituted Tribunal on 12 February 2020. The applicant was notified of this adverse information on 7 May 2020. Crucially, the Tribunal was satisfied that there was no approved nomination for the position specified in the applicant's visa application, meaning clause 187.223 was not met. As the applicant had only sought to satisfy the criteria for the Subclass 187 visa under the temporary residence transition stream and had failed to meet the essential requirements, the decision under review was affirmed.

The Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa.