Zahoor (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a Retail Manager (General) position. The applicant sought review of a decision to refuse the visa. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically concerning the nominated position.

The primary legal issue before the Tribunal was whether the nominated position was still available to the applicant, as required by clause 187.233 of the Migration Regulations 1994. This clause mandates that the nominated position must have been approved, not subsequently withdrawn, and crucially, must remain available to the applicant. The Tribunal also considered whether the applicant was the subject of an approved nomination.

The Tribunal reasoned that a key criterion for the visa was that the nominated position must be available to the applicant. In this case, the nomination lodged by the employer, COLY FUELS PTY LTD ATF COLY FUELS UNIT TRUST, was refused on 2 August 2019. The applicant acknowledged that the nomination was rejected and, consequently, the position was no longer available to him. Based on this, the Tribunal found that clause 187.233(3) was not met, as the applicant was not the subject of an approved nomination.

The Tribunal affirmed the decision not to grant the applicant the visa. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet the essential requirements, including the availability of the nominated position, the appeal was dismissed.