Singh (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 Singh. The applicant sought review of a decision to refuse his visa application.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for the visa, specifically clause 187.233, which requires that the position to which the application relates be the subject of an approved nomination. The Tribunal was required to determine if a nomination made by ARORA G PTY LTD for the position of Cook had been approved and remained valid.

The Tribunal noted that the Department had refused the nomination application on 24 October 2018. Subsequently, the Tribunal, in a different constitution, accepted the withdrawal of an application for review by ARORA G PTY LTD concerning this refusal, finding it had no jurisdiction to review the Department's decision. The applicant was invited to comment on this information pursuant to section 359A of the Migration Act 1958, but failed to respond. The Tribunal found that the nomination had been refused and that it had no jurisdiction to review this refusal, therefore the nomination had not been approved. As clause 187.233(3) was not met, and no claims were made in respect of other visa streams, the applicant did not satisfy the criteria for the visa.

The Tribunal affirmed the decision not to grant the applicant the visa.