Jaspinder Singh (Migration)

The Administrative Appeals Tribunal considered an application by Jaspinder Singh for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187. The applicant sought review of a decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant had an approved nomination or a pending nomination decision, and whether he otherwise satisfied regulation 187.233 of the Migration Regulations 1994. This regulation pertains to the requirements for a Regional Sponsored Migration Scheme visa.

The Tribunal found that the applicant's nominator, the Trustee for Australian Investments, withdrew its nomination application on 27 March 2018, prior to any decision being made by the delegate. The applicant was subsequently issued with a natural justice letter inviting comment on this withdrawal but failed to respond. Consequently, the Tribunal was satisfied that the applicant did not have a nominator that would ordinarily satisfy regulation 187.233.

The Tribunal affirmed the delegate's decision not to grant the visa.