Sikander (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought to satisfy the criteria for this visa subclass.

The primary legal issue before the Tribunal was whether the applicant had met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause, as applicable, required, among other things, that the position to which the visa application related be the subject of an approved nomination, that the nominator be the prospective employer, that the nomination had not been withdrawn, that there was no adverse information known to Immigration or that such information could be disregarded, that the position remained available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nomination application made on behalf of the applicant was refused by a delegate of the Minister on 19 February 2019, and this decision was affirmed on review by the Tribunal on 1 September 2020. Consequently, the nomination had not been approved as required by cl.187.233(3). As this essential criterion was not met, and no claims were made in respect of other visa streams, the Tribunal concluded that the applicant had failed to satisfy the requirements for the visa. The Tribunal affirmed the decision not to grant the applicant the visa.