Jakhar (Migration)

This matter concerned an appeal by an applicant for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to have a decision affirmed by the Tribunal, which had previously upheld the refusal of his visa application. The core of the dispute revolved around whether the applicant had satisfied the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994, specifically concerning the necessity of an approved nomination for the position.

The legal issue before the Tribunal was whether the applicant had met the criteria stipulated in clause 187.233, with a particular focus on subclause (3), which mandates that the nomination must have been approved. The Tribunal was required to determine if an approved nomination, as referenced in the applicant's visa application, existed and if this satisfied the regulatory requirements for the Direct Entry stream of the Subclass 187 visa.

The Tribunal reasoned that the applicant had failed to satisfy clause 187.233 because there was no approved nomination in place for the position specified in his visa application. The Tribunal emphasised that this was a mandatory criterion and that it had no discretion in the matter if this requirement was not met. In reaching its conclusion, the Tribunal referred to the Full Court of the Federal Court's decision in *Singh v MIBP* [2017] FCAFC 105, which underscored the intention of the regulations that visa applications under this stream are to be assessed against a specific, approved employer nomination, treating the process as a "once off" event. As the applicant did not meet this fundamental requirement, the Tribunal affirmed the decision not to grant the visa.