Arshdeep Singh (Migration)

This matter concerned an application by Arshdeep Singh for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The Administrative Appeals Tribunal, constituted by Member Karen Synon, was required to review a decision to refuse the visa.

The primary legal issue before the Tribunal was whether the applicant had satisfied criterion cl.187.223, which pertains to the nomination of a position for the Direct Entry stream. This criterion requires, among other things, that the nominated position be located in regional Australia, that the nomination has been approved and not withdrawn, that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal's reasoning focused on the availability of the nominated position. It noted that the nomination lodged by 'THE TRUSTEE FOR WARDS FAMILY TRUST' had been refused on 2 September 2019. The applicant, in his own submissions, confirmed he had not commenced work with the nominator, was unaware the workshop had closed, and believed the nomination was no longer available to him. Based on this evidence, the Tribunal concluded that the nominated position was not still available to the applicant, and therefore, criterion cl.187.233 was not met.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 187 visa, as the essential requirements for the Direct Entry stream had not been satisfied.