Harpreet SINGH (Migration)

This matter concerned an application for review by Harpreet Singh of a decision to refuse to grant him a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 Direct Entry scheme. The nominated position was that of a Cook. The Tribunal was required to determine whether the applicant satisfied the relevant criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant had met the requirements of clause 187.233 of the Migration Regulations 1994, which pertains to the approval of a nominated position. This clause mandates that for the Direct Entry stream, the nominated position must have been the subject of an application for approval under the Regulations, that the nominator must be the intended employer, that the nomination must have been approved and not withdrawn, and that there must be no adverse information known to the Department about the nominator or associated persons, or such information must be reasonably disregarded. Furthermore, the position must remain available to the applicant, and the visa application must have been made within six months of the nomination's approval.

The Tribunal noted that the applicant had not responded to a request for comment on potentially adverse information concerning a prior Tribunal decision to refuse a nomination by Taco Bill Bacchus Marsh Pty Ltd. This adverse information was relevant to the applicant's nomination. Given the applicant's failure to provide any comments or respond to the adverse information, and in light of the requirements of clause 187.233, the Tribunal concluded that the applicant had not satisfied the criteria for the Subclass 187 visa in the Direct Entry stream.

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