Sran (Migration)

The Administrative Appeals Tribunal considered an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, made by the applicants. The dispute arose because the nomination application for the position was refused by the Department, leading to the refusal of the visa applications.

The primary legal issue before the Tribunal was whether the applicants met the criteria for the Subclass 187 visa, specifically concerning the approval of the associated nomination. This involved determining if the nomination had been approved, if the position remained available to the applicant, and if the Tribunal had jurisdiction to review the nomination refusal.

The Tribunal reasoned that clause 187.233 of the Migration Regulations required the nomination to be approved and the position to be still available to the applicant. The evidence showed that the nomination was refused by the Department and that a review of this refusal was not possible because the nominator, Seemar & Mann Hospitality Group Pty Ltd, had been deregistered. The Tribunal had previously found it lacked jurisdiction to review the nomination refusal due to the nominator's deregistration. As the applicants did not respond to the Tribunal's invitation to comment on this information, the Tribunal concluded that the nomination refusal stood and the position was no longer available. Consequently, the Tribunal found that clause 187.233 was not met.

The Tribunal affirmed the decision not to grant the applicants the Regional Employer Nomination (Permanent) (Class RN) visas. The secondary applicant's application was also affirmed as the primary applicant did not meet the visa requirements.