Siwakoti (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for an applicant seeking employment as a cook. The core of the dispute revolved around whether the applicant had satisfied the requirements of clause 187.233 of the Migration Regulations 1994, specifically concerning the approval of the nomination for the position.

The Tribunal was required to determine whether the applicant's nominated position met the criteria set out in clause 187.233 of the Regulations. This included whether the nomination had been approved, had not been withdrawn, and whether the applicant had been identified in the nomination if made after 1 July 2017. Crucially, the Tribunal had to consider whether the nomination itself had been approved, as required by subclause 187.233(3).

The Tribunal reasoned that a prerequisite for granting the visa was an approved nomination. It noted that the nomination lodged by Palmerin and Victoria Pty Ltd ATF Horse and Jockey Hotel Motel Unit Trust had been refused, and the Tribunal had affirmed that refusal. As the Tribunal was *functus officio* in relation to the nomination refusal decision and could not revisit it, it followed that the requirement for an approved nomination under subclause 187.233(3) could not be met. Consequently, the Tribunal affirmed the decision not to grant the visa.