Verma (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, Direct Entry stream. The applicant's nominated position was that of a Transport Company Manager. The Tribunal was tasked with reviewing the decision to refuse the visa.

The central legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 187.233 of the Migration Regulations, specifically concerning the nomination of the position. This clause mandates that the nominated position must be located in regional Australia, be the subject of an approved nomination that has not been withdrawn, and that the applicant must be identified in relation to the position if the nomination was made on or after 1 July 2017. Furthermore, the employer making the nomination must be the one who will employ the applicant, and there must be no adverse information known to Immigration about the nominator or associated persons, or such information must be reasonable to disregard. The position must also remain available to the applicant, and the visa application must be lodged within six months of the nomination's approval.

The Tribunal found that the applicant had not provided sufficient evidence to demonstrate that they had an approved standard business sponsor for the nominated occupation that met the criteria of clause 187.233. Consequently, the Tribunal concluded that this essential criterion was not met.

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