Saini (Migration)

The Administrative Appeals Tribunal (AAT) considered a review application concerning a Subclass 187 Regional Sponsored Migration Scheme (RSMS) visa. The applicant, Mr. Daljeet Saini, was the nominee for a Cook position, with his sponsoring employer, Top Import Export Pty Ltd, having applied for approval of the nomination. The Department of Immigration and Border Protection had previously refused the nomination application, and consequently, Mr. Saini's visa application.

The primary legal issue before the Tribunal was whether the nomination for the position of Cook had been approved. This was crucial because, for a Subclass 187 visa in the Direct Entry stream, clause 187.233 of the Migration Regulations requires the position to be the subject of an approved nomination. The Tribunal was required to determine if the applicant had satisfied this essential criterion.

The Tribunal reasoned that the Department had refused the nomination application on the basis that it did not satisfy specific subclauses of regulation 5.19(4). Following this refusal, the Tribunal wrote to the applicant, advising that without evidence of an approved nomination, he could not satisfy clause 187.233(3) and that the visa decision would likely be affirmed. The applicant was invited to respond, but failed to do so within the prescribed period. Consequently, the Tribunal proceeded to make a decision based on the available information, concluding that the applicant had not met the requirements for the Direct Entry stream of the Subclass 187 visa.

The Tribunal affirmed the decision of the Department not to grant Mr. Saini's Regional Employer Nomination (Permanent) (Class RN) visa.