Sihag (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought review of a decision to refuse the visa. The primary issue before the Tribunal was whether the applicant met the requirements for the visa, specifically concerning the approval of the nomination of the specified occupation under the Direct Entry stream, as stipulated by regulation 5.19(4).

The Tribunal was required to determine if the applicant satisfied clause 187.233 of the Migration Regulations, which outlines several criteria for the nomination. These include the position being the subject of an approved nomination in regional Australia, the nominator being the prospective employer, the nomination not being withdrawn, the absence of adverse information concerning the nominator or associated persons, the position remaining available to the applicant, and the visa application being lodged within six months of the nomination's approval.

The Tribunal found that while the applicant's employer, M & N Furtado Pty Ltd, had made a nomination, this nomination was refused by the Department on 23 January 2018. Although the employer initially appealed this refusal, they subsequently withdrew their application for review of the nomination refusal on 7 May 2018. The applicant acknowledged that without an approved nomination, his visa application could not be successful, as this was a mandatory requirement. Consequently, the Tribunal concluded that the applicant had not met the necessary criteria for the Subclass 187 visa in the Direct Entry stream.

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