Verma (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, in the Direct Entry stream. The applicant sought review of a decision not to grant this visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of the Subclass 187 visa, specifically concerning the requirement for an approved nomination for the position. The Tribunal was required to determine if the applicant had satisfied the requirements of clause 187.233 of the Regulations, which mandates, among other things, that the nominated position be approved and not subsequently withdrawn, and that the visa application be made within a specified timeframe after nomination approval.

The Tribunal considered the evidence and found that while the applicant had made the required declaration for the nominated position and that the employer identified in the application was the nominator, a crucial criterion had not been met. The Tribunal noted that a decision had been made by the delegate on 25 July 2016 to refuse the nomination. The applicant was given an opportunity to comment on this information and acknowledged that without an approved nomination, his visa application could not be successful, confirming that there was no approved nomination.

Consequently, as the applicant had not met the essential requirements for the Subclass 187 visa in the Direct Entry stream, specifically the requirement for an approved nomination, the Tribunal affirmed the decision not to grant the visa.