Soares Bittencourt (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Cook. The applicant sought review of the decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations. This clause mandates, among other things, that the position must have been the subject of an approved nomination, that the employer must be the nominator, that the nomination must not have been withdrawn, that there must be no adverse information known to Immigration about the nominator or associated persons, that the position must still be available, and that the visa application must have been made within six months of the nomination's approval.

The Tribunal noted that the applicant had worked for the business since 2015. However, the business had changed ownership in 2019, and the new owner, Mr. Levy, was absent due to his child's serious illness. While Mr. Levy provided evidence of the applicant's importance to the business and the difficulties in retaining staff, the Tribunal found no evidence that the applicant was the subject of an approved nomination as required by clause 187.233. The Tribunal explained that a visa could not be granted without satisfaction of the relevant criteria.

Consequently, the Tribunal affirmed the decision not to grant the visa. However, the Tribunal requested that the matter be referred to the Department for consideration by the Minister, indicating a potential avenue for Ministerial Intervention.