Jasbir Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream. The applicant sought to have the decision refusing the approval of a nomination made by East Bundaberg Sports Club Ltd affirmed. The Tribunal was required to determine whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233, which mandates, among other things, that the position be the subject of an approved nomination in regional Australia, that the nominator be the prospective employer, and that the nomination has not been withdrawn. Crucially, the Tribunal had previously affirmed a decision not to approve the nomination made by East Bundaberg Sports Club Ltd.

The Tribunal reasoned that because the nomination had been refused, the applicant could not satisfy subclause 187.233(3), which requires the nomination to be approved. The Tribunal had notified the applicant of its intention to affirm the decision and invited comments, but no response was received within the prescribed period. Consequently, the Tribunal affirmed the decision not to grant the visa to the first applicant, noting it lacked jurisdiction in relation to the second applicant.