Ranjit Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, by Mr. Ranjit Singh. The applicant sought to have a decision affirmed by the Administrative Appeals Tribunal (the Tribunal) which refused to grant the visa. The core of the dispute revolved around whether the position to which the visa application related was the subject of an approved nomination.

The Tribunal was required to determine whether the applicant had satisfied the criteria for the visa, specifically clause 187.233, which mandates that the position must be the subject of an approved nomination. This clause, as applicable, requires the nomination to be approved, not withdrawn, and for the position to remain available to the applicant, among other conditions. The Tribunal also considered whether the applicant had provided any evidence or submissions to support their claims.

The Tribunal's reasoning focused on the status of the nomination lodged by Tushaan Enterprises Pty Ltd. It noted that this nomination was refused by a delegate of the Minister of Home Affairs 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 the Tribunal, and the nomination was not approved, the Tribunal concluded that clause 187.233 was not met.

The Tribunal affirmed the decision not to grant Mr. Ranjit Singh the Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, as the essential criteria for the Direct Entry stream had not been satisfied.