Waris (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to have a decision affirmed that refused their visa application. The core of the dispute revolved around whether the position for which the applicant sought nomination was the subject of an approved nomination as required by the relevant migration regulations.

The Tribunal was required to determine whether the applicant had satisfied the criteria for the Subclass 187 visa in the Direct Entry stream, specifically focusing on the requirement that the position to which the application related be the subject of an approved nomination. This involved assessing whether the nomination had been approved, had not been withdrawn, and met other conditions stipulated in clause 187.233 of the Migration Regulations.

The Tribunal reasoned that a key criterion for the visa, clause 187.233(1), mandates that the position must be the subject of an approved nomination. The evidence presented indicated that the nomination lodged by Nexus International Pty Ltd was refused on 20 December 2018. Subsequent review of this refusal by the Tribunal found it lacked jurisdiction to review the nomination refusal itself, as the company had been deregistered. The applicant acknowledged not knowing why the nomination was refused and stated the business had closed while awaiting appeal processes. As the applicant could not demonstrate that the position was the subject of an approved nomination, a fundamental requirement for the visa was not met.

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