Hanspal Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Office Manager. The applicant 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 Schedule 2 to the Migration Regulations 1994.

The primary legal issue was whether the nominated position met the criteria for the Direct Entry stream of the Subclass 187 visa. This involved assessing whether the nomination was approved, had not been withdrawn, and if the position remained available to the applicant, among other requirements. The Tribunal also considered the applicant's attempts to withdraw their review application and the subsequent communication with the applicant's representative.

The Tribunal noted that the applicant had submitted an application to withdraw their review application, but due to an unknown email address, the Tribunal was unable to action this request and sought further information. Despite multiple attempts to contact the applicant's representative and the applicant directly, no response was received confirming the withdrawal. The Tribunal ultimately found that the requirements of clause 187.233 had not been met.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 187 visa.