Ranjeet Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, by Ranjeet Singh. The applicant's nominator, Hydra Seal Pty Ltd, had lodged a nomination application for the position of Program or Project Administrator on 27 February 2018, which identified Mr Singh. However, on 7 July 2020, the nominator withdrew its application. The decision under review, which was affirmed by the Tribunal, concerned the applicant's failure to meet the essential criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994, which pertains to the nomination of a position for the Direct Entry stream. Specifically, the Tribunal had to determine if there was an approved nomination that had not been withdrawn and that identified the applicant in relation to the nominated position. The Tribunal also considered whether a new employer and a new nomination could satisfy the visa requirements.

The Tribunal reasoned that clause 187.233 requires that the position to which the visa application relates must be the subject of an approved nomination that has not been withdrawn and that identifies the applicant. As the original nomination had been withdrawn by the nominator, there was no approved nomination concerning the applicant. The Tribunal noted that a new nomination by a different employer could not satisfy this criterion, as it is a fundamental requirement that the visa application relates to the specific position in respect of which the declaration was made. This principle was supported by case law, which indicated that there was no provision for the substitution of an employer or position.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, as the applicant had failed to meet an essential criterion for the visa in the Direct Entry stream.