Tyagi (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Tyagi, who sought review of a decision not to grant him a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The nominated position was Café or Restaurant Manager. The primary issue before the Tribunal was whether there was an approved nomination for the position.

The Tribunal was required to determine if the applicant satisfied clause 187.233 of Schedule 2 of the Migration Regulations 1994. This clause mandates that for the Direct Entry stream, the nominated position must be the subject of an approved nomination that has not been withdrawn, and certain other conditions must be met, including that the visa application was made no more than six months after the nomination was approved.

The Tribunal found that the applicant could not satisfy clause 187.233. Evidence presented indicated that the nominator, Guraya Group Pty Ltd, had withdrawn its nomination on 29 September 2017. The applicant's own evidence suggested a breakdown in his relationship with Guraya Group, including non-payment of superannuation and the bankruptcy of a director, further undermining the validity of the nomination. Consequently, the Tribunal concluded that the position specified in the visa application was not the subject of an approved nomination.

As the primary applicant failed to satisfy the criteria, the secondary applicant, who was a member of his family unit, also failed to satisfy clause 187.311(a). Therefore, the Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicants.