Harmandeep Singh (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Harmandeep Singh, who sought review of a decision not to grant him a regional employer nomination visa. The applicant was seeking to have the original decision, which refused his visa application, set aside.

The primary legal issue before the Tribunal was whether the applicant met the eligibility criteria for the regional employer nomination visa, specifically concerning the genuineness of the nominated position and the applicant's qualifications and experience. The Tribunal was required to assess whether the evidence presented satisfied the relevant provisions of the *Migration Regulations 1994* (Cth).

In its reasoning, the Tribunal found that the applicant had not provided sufficient evidence to satisfy the delegate that the nominated position was genuine or that he possessed the required skills and experience for that role. The Tribunal affirmed the original decision, concluding that the applicant had failed to discharge the onus of proof resting upon him to demonstrate that he met the criteria for the visa.