Verma (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for the position of Café or Restaurant Manager. The applicant sought review of a decision by the Tribunal.

The primary legal issue before the Tribunal was whether the position the applicant sought to be granted a visa for was the subject of an approved nomination, as required by clause 187.233 of the Migration Regulations. This clause outlines several conditions for an approved nomination, including that the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, there must be no adverse information known to Immigration, the position must remain available, and the visa application must be made within six months of the nomination's approval.

The Tribunal noted that it had invited the applicants to provide written comments on adverse information, specifically that the application for approval of the nominated position had been refused and that the Tribunal lacked jurisdiction to review that refusal. This information was relevant because an approved nomination is a prerequisite for the visa grant. The applicants failed to provide the requested comments by the deadline, and no extension was granted. Consequently, the Tribunal determined that, pursuant to section 359C and 360(3) of the Migration Act 1958 (Cth), the applicants were not entitled to appear before the Tribunal.

The Tribunal affirmed the decision not to grant the visa. It also affirmed the decision to refuse the Subclass 187 visa to the secondary applicant, as they were not a family unit member of the primary applicant and did not meet the primary criteria independently.