Lakhvir Singh (Migration)

This matter concerned an application by Lakhvir Singh for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), specifically under the Direct Entry stream. The applicant sought review of a decision not to grant the visa. The core of the dispute revolved around the applicant's eligibility for the visa, particularly in light of the withdrawal of the associated nomination.

The Tribunal was required to determine whether the applicant met the criteria for a Subclass 187 visa in the Direct Entry stream, as set out in clause 187.233 of the Migration Regulations 1994. This clause mandates, among other things, that the position to which the application relates must be the subject of an approved nomination that has not been subsequently withdrawn, and that the nomination must identify the applicant in relation to the position.

The Tribunal's reasoning focused on the applicant's acknowledgment that the nomination application made by The Trustee for Warwick Gourmet Foods and Catering Trust had been withdrawn. Applying clause 187.233, the Tribunal concluded that the applicant was not the subject of an approved nomination, as the nomination had been withdrawn. As this essential criterion was not met, and no claims were made in respect of other visa streams, the Tribunal affirmed the decision not to grant the visa.