HARPARTAP SINGH (Migration)

This matter concerned an appeal by Harpartap Singh against a decision not to grant him a Regional Employer Nomination (Permanent) (Class RN) visa. The visa application was based on a nomination made by Sardar Saab Enterprises Pty Ltd. The Department of Immigration had initially refused to approve the employer's nomination, and this decision was subsequently reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the requirements of Clause 187.223 of the Migration Regulations 1994 had been met. Specifically, the Tribunal had to determine if the nominated position was the subject of an approved nomination that had not been withdrawn, if there was no adverse information concerning the nominator or associated persons, and if the position was located in regional Australia and remained available to the applicant.

The Tribunal found that the nominator, Sardar Saab Enterprises Pty Ltd, had withdrawn its application for approval of the nomination. This withdrawal occurred after the Department's initial refusal and during the Tribunal's review process. The Tribunal noted that an approved nomination is a mandatory requirement for the grant of the visa under Clause 187.223. As the nomination had been withdrawn, this criterion was not satisfied.

Consequently, the Tribunal affirmed the decision not to grant Mr Singh the Regional Employer Nomination (Permanent) (Class RN) visa.