Sran (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, by the applicant, Mr Sran. The applicant sought review of a decision to refuse the visa. The decision was heard by Mr S Norman of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 187 visa in the Direct Entry stream, specifically concerning the nomination of the position. This involved determining whether the nomination had been approved and had not been subsequently withdrawn, as required by clause 187.233 of the Migration Regulations. The Tribunal also considered whether the applicant had responded to a section 359A letter which advised of potentially adverse information regarding the nomination.

The Tribunal found that the nomination application lodged by Annilax Enterprises P/L was refused by the delegate of the Minister on 27 February 2018, and no response was received from the applicant to a subsequent departmental letter. Furthermore, the Tribunal affirmed the decision to refuse the nomination on 31 January 2020, and advised the applicant that this meant the nomination had not been approved, a requirement under clause 187.233(3). Despite being given an opportunity to comment on this information, the applicant provided no response. Consequently, the Tribunal was satisfied that the applicant had not met clause 187.233(3) and that clause 187.233 was not met.

The Tribunal affirmed the decision not to grant the applicant the Regional Employer Nomination (Permanent) (Class RN) visa.