Jatinder Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, in the direct entry stream, by Mr Jatinder Singh. The applicant sought to have a decision of the Department of Immigration and Border Protection affirmed by the Tribunal. The core of the dispute revolved around whether the nominated position met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant had satisfied the criteria under cl 187.233, specifically concerning the nomination of the position. This involved assessing whether the nominated position was the subject of an approved nomination that had not been withdrawn, and whether the applicant was identified in relation to that position. The Tribunal also needed to consider whether the nominator was the prospective employer, if the position remained available, and the timeliness of the visa application relative to the nomination approval.

The Tribunal found that the application for approval of the nominated position had been refused by a delegate of the Minister, and a subsequent review of that refusal by the nominator was withdrawn. As there was no evidence of an approved nomination by another nominator, the Tribunal concluded that the requirement for an approved nomination under cl 187.233 was not met. Consequently, the Tribunal affirmed the decision not to grant the visa.