Mandeep Singh (Migration)

This matter concerned an appeal by Mandeep Singh against the decision not to grant him a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 (Regional Sponsored Migration Scheme) Direct Entry stream. The core of the dispute revolved around an approved nomination for a Retail Manager position, which was subsequently withdrawn by the nominator. The applicant contended that he was unaware of the withdrawal and that his resignation was effectively coerced by his employer and influenced by the COVID-19 pandemic.

The Tribunal was required to determine whether the applicant satisfied the criteria under clause 187.233 of the Migration Regulations 1994. This clause mandates, among other things, that the nominated position must have been approved and not subsequently withdrawn, that the nominator must be the prospective employer, and that the position must still be available to the applicant. The Tribunal also considered the applicant's assertions regarding his employer's actions and his own resignation.

The Tribunal reasoned that the applicant's claims about being told to resign, the employer's overseas travel, and the temporary nature of his resignation were not matters that could be considered in assessing his eligibility for the visa. Crucially, the Tribunal noted that the applicant acknowledged the nomination had been withdrawn. As clause 187.233(4) requires that the nomination has not been subsequently withdrawn, and this condition was not met, the applicant failed to satisfy this essential criterion.

Consequently, the Tribunal affirmed the decision not to grant the applicant the visa, as the requirements for the Subclass 187 visa in the Direct Entry stream were not met.