Walton (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), specifically under the Direct Entry stream. The applicant sought review of a decision not to grant the visa. The Tribunal, constituted by Michelle East, was required to determine whether the applicant met the criteria for this visa subclass.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233 of the Migration Regulations, which outlines the requirements for a nominated position in the Direct Entry stream. This clause mandates, among other things, that the nominated position must have been the subject of an approved nomination application, that the nominator must be the prospective employer, and that the visa application must be made within six months of the nomination's approval.

The Tribunal reasoned that a crucial element of clause 187.233, specifically subclause (3) requiring the Minister to have approved the nomination, had not been met. Based on the evidence before it, the Tribunal found that the nomination lodged by Evolution Partners (WA) Pty Ltd on behalf of the applicant had not been approved at the time of the Tribunal's decision. Consequently, the applicant failed to satisfy this essential criterion for the Direct Entry stream of the Subclass 187 visa.

As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had not met the requirements of clause 187.233, the Tribunal affirmed the decision not to grant the visa.