Sultan (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to satisfy the criteria for this visa subclass.

The primary legal issue before the Tribunal was whether there was an approved nomination for the applicant's visa application. This required the Tribunal to consider whether the nomination made by Shree Hanumante Pty Ltd, linked to the applicant's visa application lodged on 20 November 2017, had been approved and had not subsequently been withdrawn, as stipulated by cl 187.233(3) of Schedule 2 to the Regulations.

The Tribunal reasoned that a critical requirement for the grant of the applicant's visa was that the position specified in the visa application must be the subject of an approved nomination. The Tribunal noted that the nominator had withdrawn its application for the nomination of the applicant to the position of Retail Manager. Consequently, the position specified in the visa application was no longer the subject of an approved nomination. The Tribunal also considered information certified under s 376 of the Act and other "dob-in" emails, but found this information irrelevant to the central issue of the approved nomination.

As the requirements for the Subclass 187 visa in the Direct Entry stream had not been met due to the withdrawal of the nomination, the Tribunal affirmed the decision not to grant the visa.