MALKEET SINGH (Migration)

This matter concerned an appeal by Malkeet Singh against a decision to affirm the refusal of a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought review of the decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant had been identified in the nomination for the position as required by clause 187.233 of the Migration Regulations 1994. This clause, as applicable, stipulated that for nominations made on or after 1 July 2017, the applicant must be identified in relation to the nominated position.

The Tribunal reasoned that the applicant had not met the criterion in clause 187.233(1)(a)(i) because the nomination associated with their visa application did not identify them as the nominee. The Tribunal had advised the applicant of this information and invited comment, but the applicant's failure to meet this essential requirement meant they could not satisfy the primary criterion for the visa. Consequently, the secondary applicant, as a member of the family unit, also failed to meet their respective criterion.

The Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicants.