Sood (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, in the Temporary Residence Transition stream. The applicant sought review of a decision affirming the refusal of her visa application.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.223 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the nominated position was the subject of an approved nomination that had not been withdrawn, and if other associated criteria, such as the absence of adverse information and the position's location in regional Australia, were satisfied.

The Tribunal reasoned that a critical requirement for this visa stream is an approved nomination. It noted that on 9 May 2022, the Tribunal had affirmed a decision refusing the approval of the nomination made by Kartar Dhaliwal Pty Ltd in respect of the applicant. As the nomination had been refused, the applicant could not satisfy clause 187.223(2), which mandates that the nomination must be approved. Despite being notified of this deficiency and invited to comment, the applicant's representative indicated that the applicant understood the impact of the refused nomination on her application and did not wish to withdraw it.

Consequently, the Tribunal affirmed the decision under review, concluding that the applicant had not met the necessary criteria for the Subclass 187 visa in the Temporary Residence Transition stream due to the lack of an approved nomination.