Ud Dowla (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a position as a Cook. The applicant sought review of a decision by the Tribunal which affirmed the refusal to grant the visa. The primary issue before the Tribunal was whether the nominated position met the requirements of clause 187.233 of the Migration Regulations 1994.

The legal issues before the Tribunal were whether the nominated position was the subject of an approved nomination, whether the employer was the nominator, whether the nomination had been approved and not withdrawn, whether there was adverse information concerning the nominator or associated persons, whether the position remained available, and whether the visa application was made within six months of the nomination approval. The Tribunal also considered whether the secondary applicant met the criteria for the visa in her own right or as a family unit member.

The Tribunal noted that the application for approval of the nominated position had been refused by a delegate of the Minister, and no application for review of that refusal had been made. This refusal meant that the requirement for an approved nomination, a prerequisite for the visa grant, was not met. The Tribunal had provided the applicant with an opportunity to comment on this adverse information, granting an extension due to COVID-19 related difficulties, but ultimately proceeded to make a decision. The Tribunal also found that the secondary applicant did not meet the criteria for the visa.

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