Gurpreet Singh (Migration)

The Administrative Appeals Tribunal considered the case of Gurpreet Singh concerning a Subclass 187 (Regional Sponsored Migration Scheme) visa under the direct entry stream. The applicant sought a visa as a motor mechanic, with his position nomination lodged by Dashmesh Auto Mechanics Pty Ltd. The primary dispute revolved around whether the applicant met the requirements for the visa, specifically concerning the approval of his nominated position.

The central legal issue before the Tribunal was whether the applicant satisfied clause 187.233(3) of the Migration Regulations, which mandates that the nominated position must be the subject of an approved nomination that has not been withdrawn. This clause also requires the nominating employer to be the prospective employer, that the position remains available, and that the visa application was made within six months of the nomination's approval. The Tribunal also had to consider the implications of the nomination application being refused by the Department and the subsequent deregistration of the nominating company.

The Tribunal reasoned that the applicant's nominated position was not the subject of an approved nomination. It noted that the Department had refused the nomination application on 19 December 2018. Furthermore, a differently constituted Tribunal had previously found it had no jurisdiction to review this refusal because the nominating company, Dashmesh Auto Mechanics Pty Ltd, had been deregistered and was no longer operating. The Tribunal concluded that, in the absence of an approved nomination and with no prospect of the refusal being overturned due to the company's deregistration, the applicant could not meet the requirements of clause 187.233(3).

Consequently, the Tribunal affirmed the decision not to grant the Subclass 187 visa to the applicant and, by extension, to any secondary applicants who did not meet the primary visa criteria in their own right.