Tiwana (Migration)

This matter concerned an application for Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, by multiple applicants. The primary applicant sought to be employed as a Café or Restaurant Manager, with a nomination made by Chaudhary and Singh Pty Ltd. The secondary applicants applied as members of the primary applicant's family unit. The decision under review affirmed the refusal to grant these visas.

The Tribunal was required to determine whether the primary applicant met the criteria for a Subclass 187 visa in the Direct Entry stream, specifically whether the nominated position had been approved by the Minister at the time of the Tribunal's decision. It also needed to consider whether the secondary applicants satisfied the relevant criteria, given their status as family members of the primary applicant.

The Tribunal found that the nomination application made by Chaudhary and Singh Pty Ltd on behalf of the primary applicant had been refused by a delegate of the Minister on 3 May 2019. Consequently, the Tribunal concluded that the nominated position was not approved at the time of the Tribunal's decision, meaning the primary applicant did not meet the requirements of clause 187.233. As the primary applicant failed to meet the prescribed criteria for the visa, the secondary applicants, who relied on their family unit relationship to the primary applicant, also failed to satisfy clause 187.311.

The Tribunal affirmed the decision not to grant the applicants Regional Employer Nomination (Permanent) (Class RN) visas.