You (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought review of a decision not to grant the visa. The Administrative Appeals Tribunal (AAT) was required to determine whether the position to which the application related was the subject of an approved nomination.

The Tribunal considered the requirements of clause 187.233, which stipulated that the nominated position must be located in regional Australia, identified the applicant, and be the subject of an approved nomination that had not been subsequently withdrawn. The evidence before the Tribunal was that the nomination lodged by Heidelberg Corporate Pty Ltd was refused by a delegate of the Department of Home Affairs on 18 January 2018. Although Heidelberg Corporate Pty Ltd applied for a review of this refusal with the AAT, it subsequently withdrew its application for review on 28 November 2019.

The Tribunal reasoned that as the nomination had been refused and subsequently withdrawn from review, it could not be considered an approved nomination. The Tribunal had invited the applicants to comment on this situation, but they did not respond. Consequently, the Tribunal found that clause 187.233 was not met, as the position was not the subject of an approved nomination that identified the visa applicant. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and these requirements were not met, the Tribunal affirmed the decision not to grant the visa.