Vince (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought review of a decision to refuse their associated nomination application. The Tribunal was required to determine whether the applicants met the criteria under cl.187.233 of the Migration Regulations 1994, specifically concerning the approval of the nomination and the absence of adverse information known to the Department.

The Tribunal's reasoning focused on the requirements of cl.187.233, which mandates that the nomination must be approved and that there must be no adverse information known to Immigration about the nominator or a person associated with them, or that any such information is reasonable to disregard. The Tribunal noted that adverse information was known to the Department concerning a person associated with the nominator, Mr Vince. In the absence of information satisfying the Tribunal that this adverse information could be disregarded, the criterion was not met. The Tribunal also considered the procedural fairness of holding a telephone hearing during the COVID-19 pandemic, finding it reasonable and consistent with its objectives.

Ultimately, the Tribunal affirmed the decision to refuse the nomination. As the applicant had not satisfied the essential criteria for the Subclass 187 visa in the Direct Entry stream, the Tribunal concluded that the decision under review should be affirmed. The Tribunal therefore affirmed the decision not to grant the applicants the Regional Employer Nomination (Permanent) (Class RN) visas.