Harmanpreet Singh (Migration)

This matter concerned an application for review of a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, made by Harmanpreet Singh. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant satisfied the criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant was the subject of an approved nomination for the position of Retail Manager. Specifically, the Tribunal considered clause 187.233 of the Migration Regulations 1994, which outlines the requirements for a nominated position in the Direct Entry stream. These requirements include that the position must be located in regional Australia, the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, and there must be no adverse information known to Immigration, or such information must be reasonable to disregard.

The Tribunal's reasoning centred on the fact that the nominator's application for approval of the nominated position had been refused by a delegate of the Minister for Immigration, and this decision was subsequently affirmed by the AAT. Consequently, the nomination for the position had not been approved. The Tribunal had invited the applicant to comment on this information, but no response was received by the specified date. As an approved nomination is a mandatory requirement for the grant of this visa, the Tribunal concluded that the applicant did not satisfy this criterion.

Accordingly, the Tribunal affirmed the decision not to grant the applicant the Regional Employer Nomination (Permanent) (Class RN) visa.