HARMANMEET SINGH (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, by Harmanmeet Singh. The applicant's employer, Sardar Saab Enterprises Pty Ltd, had made a nomination application which was refused by the Department. The employer then sought review of this refusal by the Tribunal.

The primary legal issue before the Tribunal was whether the requirements of clause 187.223 of the Migration Regulations 1994 were met, specifically concerning the approval and subsequent status of the employer's nomination. This clause requires, among other things, that the nominated position be the subject of an approved nomination that has not been withdrawn, that there is no adverse information known to the Department about the nominator or associated persons, that the position is located in regional Australia, remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the employer's nomination application was refused by the Department on 3 April 2018. While the employer sought review of this refusal, at a hearing on 15 January 2021, the employer's director advised the Tribunal that the nominator wished to withdraw the application for nomination. Subsequently, the Tribunal notified the applicant, Mr Singh, that the nomination application had been refused and that the nominator had withdrawn its application for review. The Tribunal explained that an approved nomination is a requirement for the grant of the visa and invited Mr Singh to comment on this information, which was considered a potential reason for affirming the decision under review.

Given the finding that clause 187.223 was not met due to the withdrawal of the nomination application, the Tribunal affirmed the decision not to grant Mr Singh the Regional Employer Nomination (Permanent) (Class RN) visa.