Prithipal Singh (Migration)

This matter concerned an application by Mr Prithipal Singh for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The Administrative Appeals Tribunal (AAT), constituted by Member Katie Malyon, was required to determine whether Mr Singh met the criteria for the visa, specifically clause 187.233 of Schedule 2 to the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nomination of the position offered to Mr Singh had been approved and remained valid. Clause 187.233 sets out several requirements, including that the nominated position must be the subject of an approved nomination, that the nominator must be the prospective employer, that the nomination must not have been withdrawn, and that there must be no adverse information known to the Department of Home Affairs concerning the nominator or associated persons, or such information must be disregarded. Additionally, the position must remain available to the applicant, and the visa application must be made within six months of the nomination's approval.

The Tribunal found that the Company's nomination of the position for Mr Singh had been refused by the Department of Home Affairs on 11 June 2019. Although the Company sought review of this refusal, the Tribunal determined it lacked jurisdiction to review the nomination refusal because the Company had been deregistered by ASIC on 20 October 2021 and its registration had not been reinstated. Consequently, the Tribunal was satisfied that the Company's nomination had not been approved and therefore clause 187.233 of Schedule 2 to the Regulations was not met.

As Mr Singh had only sought to satisfy the criteria for the Subclass 187 visa under the Direct Entry stream, and these requirements had not been met, the Tribunal affirmed the decision not to grant the visa.