Thapa (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the direct entry stream. The applicant sought to have a decision of the Administrative Appeals Tribunal (the Tribunal) affirmed, which had affirmed a delegate's decision not to approve the applicant's nomination application. The core of the dispute revolved around whether the nomination for the position of Cook had been approved, a prerequisite for the visa.

The Tribunal was required to determine whether the applicant had satisfied the criteria for the Subclass 187 visa, specifically clause 187.233, which mandates that the position be the subject of an approved nomination located in regional Australia. This clause further requires that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application is made within six months of the nomination's approval.

The Tribunal's reasoning focused on the fact that the nomination made by Damian Barnes for the position of Cook had not been approved by the Minister. This failure to meet the requirement of an approved nomination, as stipulated in clause 187.233(3), meant that the overall criteria of clause 187.233 were not satisfied. The applicants had been notified that the nomination had not been approved and were given an opportunity to respond or attend a hearing, but they elected to have the matter decided on the papers. Consequently, the Tribunal proceeded with the available information, which indicated the nomination's lack of approval.

The Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas, as the applicant had not met the essential requirements for the Subclass 187 visa in the Direct Entry stream.