Gagandeep Singh (Migration)

The Administrative Appeals Tribunal considered the case of Gagandeep Singh concerning his application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The dispute arose from the refusal of his visa application, which was based on the refusal of the nomination application lodged by his prospective employer, Superb Chefs Pty Ltd. The applicant sought merits review of this decision.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994, specifically whether the position to which his application related was the subject of an approved nomination. The Tribunal also considered whether the applicant had provided any evidence to suggest he was the subject of an approved or pending nomination, despite being aware of the grounds for his visa refusal.

The Tribunal reasoned that clause 187.233(3) requires the Minister to have approved the nomination. In this instance, the nomination application by Superb Chefs Pty Ltd was refused by the Department on 8 March 2019, and this refusal was subsequently affirmed on review by the Tribunal. The applicant was aware of this refusal and made no submissions to the Tribunal indicating an approved or pending nomination. Furthermore, the applicant failed to attend a scheduled Tribunal hearing where this matter would have been discussed. Consequently, the Tribunal concluded that the applicant was not the subject of an approved nomination, and therefore, the criteria under clause 187.233(3) were not met.

The Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa.