Suraj (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Suraj, an applicant for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Corporate Services Manager. The applicant sought to have the decision to refuse his visa affirmed postponed or held, requesting the Tribunal to allow his nominator to apply to the Federal Court for approval of a fresh nomination.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233(3) of the Migration Regulations 1994. This clause mandates that the position to which the visa application relates must be the subject of an approved nomination in the Direct Entry stream, and that the nomination must not have been subsequently withdrawn. The Tribunal also had to consider the applicant's request for an adjournment or postponement of the decision in light of his nominator's intention to seek judicial review.

The Tribunal reasoned that a crucial requirement for the visa was an approved nomination, and it had previously affirmed a decision to refuse the nominator's application, meaning there was no longer an approved nomination. The applicant's submission that he was an exceptional candidate and that his nominator had community support did not overcome this fundamental requirement. The Tribunal also noted that the applicant's request for postponement was not a recognised procedural mechanism for delaying a decision in this context, and the applicant had not demonstrated that the nominator's potential Federal Court application would lead to a valid, approved nomination.

Consequently, the Tribunal concluded that the applicant had not met the essential criteria for the visa. The decision under review to refuse the applicant a Subclass 187 visa was affirmed.