Karamjeet Singh (Migration)

This matter concerned an application for review of a decision not to grant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187. The applicant, Karamjeet Singh, sought to satisfy the criteria for the visa under the Direct Entry stream. The Administrative Appeals Tribunal was required to determine whether the applicant met the essential criteria for the grant of this visa.

The primary legal issue before the Tribunal was whether the applicant had satisfied clause 187.233 of the Migration Regulations 1994, which pertains to the nomination of a position for the Subclass 187 visa. This clause requires, among other things, that the nominated position be approved by the Minister, that the nominator be the prospective employer, that the nomination has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application is made within six months of the nomination's approval.

The Tribunal's reasoning focused on the requirement for an approved nomination. It noted that on 9 September 2020, it had affirmed a decision refusing approval of the nomination in a related case. The Tribunal informed the applicant that this refusal of the nomination meant he could not satisfy the essential criteria under clause 187.233(3) for the Subclass 187 visa, as evidence of an approved nomination was a prerequisite. The Tribunal was satisfied that the prospective employer was the nominator and that the required declaration had been made. However, the critical failure was the lack of an approved nomination.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, as the applicant had not met the essential criteria for the visa in the Direct Entry stream due to the refusal of the underlying nomination.