Singh (Migration)

This matter concerned an application by Mr. Singh for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 Direct Entry stream. The applicant sought to have a decision affirmed by the Tribunal, which had previously refused his visa application. The core of the dispute revolved around whether the applicant's intended position as a mechanic was the subject of an approved nomination by the Minister, as required by the relevant migration regulations.

The Tribunal was required to determine whether the applicant had satisfied clause 187.233 of the Migration Regulations, which outlines the criteria for a nomination to be approved. This clause necessitates that the nominated position be located in regional Australia, that the applicant be identified in the nomination application (where the nomination was made on or after 1 July 2017), that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the applicant's nominated position was not the subject of an approved nomination by the Minister. The evidence presented indicated that the relevant nomination had been refused on 12 October 2021. Consequently, the Tribunal concluded that clause 187.233 was not met. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet these essential requirements, the Tribunal affirmed the decision under review.