Manjit Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, in the Temporary Residence Transition stream, lodged by Mr Manjit Singh. The applicant sought review of a decision by the Department of Home Affairs to refuse to grant the visa. The Tribunal, constituted by Mr S Norman, was required to determine whether the applicant met the criteria for the visa, specifically in relation to the approval of the employer's nomination.

The primary legal issue before the Tribunal was whether the applicant had satisfied clause 187.223 of the Migration Regulations 1994. This clause requires, among other things, that the nomination made by the employer in relation to the applicant has been approved by the Minister and has not subsequently been withdrawn. The Tribunal also considered clause 187.311 concerning membership of the family unit.

The Tribunal found that the nomination lodged by SA INDUSTRIAL SERVICES NSW PTY LTD ATF ELREP SERVICES TRUST (now Noorco Pty Ltd) was refused by a delegate of the Minister on 17 November 2017. The applicant was provided with an opportunity to comment on this refusal but did not provide any further information. Consequently, the Tribunal concluded that the applicant had not satisfied clause 187.223(2), which requires the nomination to have been approved. As the primary criteria for the visa were not met, the Tribunal also found that no applicant was entitled to a visa based on family unit membership.

The Tribunal affirmed the decision of the Department not to grant the Regional Employer Nomination (Permanent) (Class RN) visa to the applicant.