ZITO (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 Regional Sponsored Migration Scheme in the Direct Entry stream. The applicant had been employed by Embracing Children Karratha Pty Ltd, which had made a nomination for her. However, her employment was terminated without notice shortly after she raised concerns about the standards of care at the childcare centre. Subsequently, the nomination was withdrawn, and the applicant sought to rely on a new employer in Victoria for sponsorship.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements for the Subclass 187 visa in the Direct Entry stream, specifically concerning the approval and currency of a nomination. The regulations stipulated that for a Direct Entry nomination made on or after 1 July 2017, the position must be one in relation to which the applicant is identified in the nomination, the nominator must be the prospective employer, the nomination must have been approved and not subsequently withdrawn, and the position must remain available to the applicant.

The Tribunal found that the applicant's original nomination had been withdrawn following the termination of her employment. While the applicant had secured new employment and a new employer was willing to sponsor her, the Tribunal lacked the discretion to substitute a new nomination for the current visa application. The applicant acknowledged this limitation. Consequently, as the essential criterion of having an approved and un-withdrawn nomination in relation to the position for which the visa was sought had not been met, the Tribunal affirmed the decision not to grant the visa.