Prem Prakash Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, by Prem Prakash Singh. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for the visa, specifically whether the nominated position was the subject of an approved nomination as required by clause 187.233(3) of Schedule 2 to the Regulations.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirement for an approved nomination for the position. This involved considering whether the nominator's application for approval of the nomination had been successful, whether the nomination had been subsequently withdrawn, and whether the applicant had provided responses to invitations for further information or comments. The Tribunal also had regard to the Federal Court's interpretation of similar provisions in *Singh v MIBP* [2017] FCAFC 105 regarding the nature of an employer nomination and its approval.

The Tribunal reasoned that the nominator's application for approval of the nomination was refused by the Department, and the nominator subsequently withdrew its review application before the Tribunal. As the nomination application had not been approved, the applicant could not meet the criteria in clause 187.233(3). The Tribunal noted that the applicant had failed to provide any response to the information regarding the refused nomination. Consequently, the Tribunal affirmed the decision not to grant the visa.