Thomas (Migration)

This matter concerned an appeal by the applicant, Ms Thomas, against the refusal to grant her a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 (Regional Sponsored Migration Scheme) Direct Entry stream. The core of the dispute revolved around the status of an employer nomination application that had been lodged on her behalf. The applicant sought time to find alternative employment and sponsorship, indicating she had not been informed of the outcome of the nomination.

The Tribunal was required to determine whether the applicant was the subject of an approved employer nomination for the position in question, as required by the relevant migration regulations. Specifically, the Tribunal had to consider whether the nomination application had been approved, had not been withdrawn, and met various other criteria, including the identification of the applicant in relation to the nominated position and the timeliness of the visa application relative to the nomination approval. The Tribunal also had to consider the refusal of the nomination application by the Department and whether this decision was subject to a current review.

The Tribunal found that the Department had made a decision on 2 July 2019 to refuse the nomination application. The Tribunal was satisfied, based on the evidence before it, that the nomination for the identified position had not been approved and that this decision was not subject to a current application for review. The Tribunal noted that the applicant had been notified of the nomination refusal and invited to respond, but her response primarily concerned her contact details and a request for hearing. The Tribunal affirmed the decision not to grant the visa, noting that the approval of secondary applicants' visas was contingent on the primary applicant's successful application.