Rajinder Singh (Migration)

This matter concerned an application by Rajinder Singh for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought review of a decision not to grant the visa. The Tribunal was required to determine whether the position to which the application related was the subject of an approved nomination.

The central legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 187.233 of the Migration Regulations 1994, specifically concerning the approval of a nomination for the position. This clause requires, among other things, that the nomination has been approved by the Minister and has not been subsequently withdrawn.

The Tribunal found that the nomination lodged by Tushaan Enterprises Pty Ltd was refused by a delegate of the Minister on 29 May 2019. Although Tushaan Enterprises Pty Ltd applied for Tribunal review of this refusal, the Tribunal determined it lacked jurisdiction to hear that application because the nominator had been deregistered. Consequently, the nomination remained refused. As the applicant had not provided any evidence or submissions to satisfy the criteria for the visa, and the nomination was not approved, the Tribunal concluded that clause 187.233 was not met.

The Tribunal affirmed the decision not to grant the applicant the visa, as the essential criteria for the Direct Entry stream had not been satisfied due to the unapproved nomination.