Sircowr (Migration)

This matter concerned an appeal to the Tribunal regarding the refusal to grant Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187, Direct Entry stream, for the position of Cook. The applicants sought to have the decision reviewed, but the Tribunal ultimately affirmed the original decision.

The primary legal issue before the Tribunal was whether there was an approved nomination for the position of Cook, as required by clause 187.233 of the Migration Regulations. This clause mandates that the nominated position must be located in regional Australia, identified in the nomination application, and that the nomination itself must have been approved and not subsequently withdrawn. Further requirements include that the employer making the nomination is the one who will employ the applicant, that there is no adverse information known to Immigration about the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal considered evidence that the application for approval of the nominated position had been refused by a delegate of the Minister. The applicant acknowledged this refusal but requested a hearing. At the hearing, the applicant explained that her employment with the nominating sponsor had ceased due to a dispute where the employer requested illegal payments related to her superannuation and wages, and that the sponsorship was not pursued. The Tribunal noted that a prerequisite for the visa grant is an approved nomination, and as this had not occurred, the criterion under clause 187.233 could not be met.

Consequently, the Tribunal affirmed the decision not to grant the visas to the primary applicant. The Tribunal also affirmed the refusal for the secondary applicant, as they were not a member of the primary applicant's family unit and did not meet the primary criteria independently.