Thakkar (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, by Mr Thakkar. The decision under review was affirmed by the Tribunal, which found that the applicant did not meet the relevant criteria.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 187.233 of Schedule 2 of the Migration Regulations 1994. This clause outlines several conditions for a nomination to be valid, including that the nomination must have been approved, not subsequently withdrawn, and that the nominated position must still be available to the applicant.

The Tribunal reasoned that, following an affirmation of a decision to refuse the nomination by Jai Sri Krishna Pty Ltd ATF Sanchi Family Trust, the nomination could not be considered approved as required by subclause 187.233(3). Furthermore, the Tribunal was not satisfied that the position remained available to the applicant or that the nomination had not been withdrawn. The applicant was invited to comment on this information but failed to respond. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had not met the requirements of clause 187.233, the Tribunal affirmed the decision not to grant the visa.