Pawan Kumar Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Restaurant Manager. The applicant, Pawan Kumar Singh, sought to satisfy the criteria for this visa. The decision under review was the delegate's decision not to approve the nomination.

The primary legal issue before the Tribunal was whether the nomination made by the employer, Albury Spice Cafe Pty. Ltd., had been approved, as required by clause 187.233 of the Migration Regulations. This clause mandates that the position must be the subject of an approved nomination in the Direct Entry stream, located in regional Australia, and that the nominator must be the prospective employer. Further requirements include that the nomination has not been withdrawn, there is no adverse information known to Immigration, the position remains available, and the visa application was made within six months of the nomination's approval.

The Tribunal noted that a previous decision by the Tribunal (differently constituted) had affirmed the delegate's decision not to approve the nomination. The Tribunal had invited the applicant to comment on this information, with a response due by 12 March 2021. While the applicant submitted requests to hold the decision and later provided an email outlining his circumstances, the Tribunal found that these responses were not received within the prescribed period and did not address the crucial information that the nomination had not been approved. Consequently, the Tribunal did not consider a response to have been provided within the required timeframe and cancelled the scheduled hearing.

As the applicant had not satisfied the essential criteria for the Subclass 187 visa in the Direct Entry stream, specifically the requirement for an approved nomination, the Tribunal affirmed the decision not to grant the visa.