Agamveer Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, in the Direct Entry stream, for the position of Retail Manager (General). The applicant, Agamveer Singh, sought review of a decision not to grant the visa. The Tribunal was required to determine whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominated position met the criteria for a Subclass 187 visa in the Direct Entry stream. Specifically, the Tribunal had to consider whether the nominated position was the subject of an approved nomination, as required by clause 187.233. This involved examining whether the nominator's application for approval of the nominated position had been approved and had not been subsequently withdrawn.

The Tribunal reasoned that a fundamental requirement for the grant of this visa is that the position specified in the visa application must be the subject of an approved nomination. The evidence before the Tribunal indicated that the application for approval of the nominated position made by TRIUMPHANT PIZZA PTY LTD AND HOT CELL PTY LTD had been refused by a delegate of the Minister for Home Affairs, and this refusal was subsequently affirmed by the Administrative Appeals Tribunal (AAT). Consequently, the nominator's application for the nominated position had not been approved. The Tribunal provided the applicant with notice of this information and an opportunity to respond, but no response was received.

As the requirements of clause 187.233, specifically the need for an approved nomination, had not been met, the Tribunal concluded that the applicant did not satisfy a criterion for the grant of the visa. Accordingly, the Tribunal affirmed the decision not to grant the applicant the Regional Employer Nomination (Permanent) (Class RN) visa.