Gagandeep Singh (Migration)

This matter concerned an application for review of a decision not to grant the applicant, Gagandeep Singh, a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream. The applicant sought to have the decision of the Minister's delegate, which refused his nomination, reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had an approved nomination that had not been subsequently withdrawn, as required by clause 187.233 of the Migration Regulations. This clause stipulated several conditions, including that the nominated position be located in regional Australia, that the nominator be the prospective employer, that the nomination be approved and not withdrawn, that there be no adverse information known to Immigration about the nominator or associated persons, that the position remain available, and that the visa application be made within six months of the nomination's approval.

The Tribunal noted that the applicant's employer, Makin Dough Pty Ltd, had its nomination refused on 4 July 2018. The Tribunal subsequently wrote to the applicant on two occasions, first on 22 April 2020 and again on 13 July 2020, inviting him to provide comments and information regarding whether he had an approved nomination that had not been withdrawn. The applicant failed to provide the requested information within the stipulated timeframe, and no extension was granted. Consequently, the Tribunal applied section 359C of the Migration Act, which meant the applicant was not entitled to appear before the Tribunal, and the Tribunal proceeded to make a decision without further steps to obtain information.

As the applicant had not satisfied the essential criteria for the Subclass 187 visa in the Direct Entry stream, specifically the requirement for an approved and un-withdrawn nomination, the Tribunal affirmed the decision under review. The Tribunal therefore decided not to grant the applicant the Regional Employer Nomination (Permanent) (Class RN) visa.