Swanepoel-Trollip (Migration)

This matter concerned an appeal by the applicant, Mr. Swanepoel-Trollip, against the refusal of his Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, direct entry stream. The applicant sought the visa based on a nomination by his employer, Stormlight Pty Ltd ATF the Hurst Family Trust, for the position of Computer and Systems Network Engineer. The core of the dispute revolved around the validity of this nomination, which had been refused by the Department of Home Affairs.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for the subclass 187 visa, specifically clause 187.233, which requires, among other things, that the nominated position be the subject of an approved nomination that has not been subsequently withdrawn. The Tribunal also considered adverse information concerning the applicant's character, although this was ultimately deemed irrelevant to the primary determination.

The Tribunal reasoned that the applicant's employer's nomination application had not been approved by the Department. Furthermore, a differently constituted Tribunal had previously affirmed the Department's decision not to approve the nomination. The applicant himself confirmed he was no longer employed by the sponsoring employer and had initiated action in the Fair Work Commission, claiming unfair treatment. As the nomination had not been approved, the Tribunal concluded that the applicant could not satisfy clause 187.233(3) of the relevant regulations. The Tribunal also noted that while adverse information regarding the applicant's character had been discussed, it was not relevant to the determination of whether the nomination was approved, and therefore no weight was placed upon it.

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