SANDHU (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, by Mr Sandeep Sandhu. The employer’s nomination was refused by the Department, and this refusal was affirmed on review by the Tribunal.

The primary legal issue before the Tribunal was whether Mr Sandhu satisfied the criteria for the grant of the Subclass 187 visa, specifically in relation to the nominated position under clause 187.233. The Tribunal was required to consider whether the nominated position met the requirements of the Direct Entry stream, including that the nomination had been approved and not withdrawn, and that the position remained available to the applicant.

The Tribunal reasoned that the Department had refused the employer’s nomination application on 28 September 2017. Mr Sandhu, through his migration agent, was provided with an opportunity to comment on this refusal within 28 days, but no response was received. Consequently, the delegate found that Mr Sandhu did not satisfy clause 187.233 because the nomination application had been refused. The delegate also considered the Temporary Residence Transition and Agreement streams, finding that Mr Sandhu did not satisfy the relevant criteria for those streams either, as the nomination did not meet the requirements for those streams.

As Mr Sandhu had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet the requirements for that stream due to the refused nomination, the Tribunal affirmed the decision not to grant the visa.