Singh (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to satisfy the criteria for this visa based on a nomination application lodged by Overseas Settlements. The core of the dispute revolved around whether the applicant met the requirements of cl.187.233 of Schedule 2 to the Regulations, specifically concerning the nomination of the position.

The Tribunal was required to determine whether the applicant had met the criteria under cl.187.233, which necessitates, among other things, that the position be the subject of an approved nomination, that the nominator be the prospective employer, that the nomination has not been withdrawn, and that the visa application be made within six months of the nomination's approval. The Tribunal also had to consider whether there was any adverse information concerning the nominator or associated persons, or if such information could be disregarded.

The Tribunal reasoned that the nomination application lodged by Overseas Settlements was refused by a delegate of the Minister on 20 December 2018. Subsequently, the applicant's visa was refused on 31 January 2019 due to the lack of an approved nomination. Although Overseas Settlements applied to the Tribunal for review of the nomination refusal, the Tribunal affirmed that decision on 24 November 2021. Consequently, there was no approved nomination as required by cl.187.233(3), meaning the applicant had not met the essential criteria for the Subclass 187 visa in the Direct Entry stream.

The Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa.