TRIKHA (Migration)

This matter concerned an application by Mr Trikha for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought review of a decision to affirm the refusal of his visa application. The Tribunal was required to determine whether Mr Trikha met the requirements of cl.187.233 of Schedule 2 to the Migration Regulations 1994.

The primary legal issue was whether the nomination for the position of Cook, made by the employing company, had been approved. Clause 187.233 of Schedule 2 requires, among other things, that the nomination must have been approved and not subsequently withdrawn. The Tribunal also considered whether the nomination identified the applicant in relation to the position, if made on or after 1 July 2017, and whether there was any adverse information known to Immigration concerning the nominator or associated persons.

The Tribunal reasoned that the company's nomination application was refused by the Department on 15 May 2018. As the nomination had not been approved, Mr Trikha could not satisfy the criteria in cl.187.233(3) of Schedule 2. The Tribunal noted that this was a "once off" process, referencing the decision in *Singh v MIBP* [2017] FCAFC 105. Since the requirements for the Direct Entry stream were not met, the Tribunal affirmed the decision under review. The Tribunal also noted that it had no statutory obligation to consider referral to the Minister under s.351 of the Act, and that any such request would need to be made directly to the Minister.

The Tribunal affirmed the decision not to grant Mr Trikha a Regional Employer Nomination (Permanent) (Class RN) visa.