Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, Direct Entry stream, by Mr. Singh. The Administrative Appeals Tribunal was required to determine whether the applicant had satisfied the criteria for the visa, specifically clause 187.233, which relates to the nomination of a position in regional Australia.

The primary legal issue before the Tribunal was whether the applicant was the subject of an approved nomination for the position for which the visa was sought. Clause 187.233 sets out several requirements, including that the position must be the one nominated and that the nomination must have been approved and not subsequently withdrawn. The Tribunal also considered whether the applicant had provided evidence of an approved nomination by the employer, Café 33 Cairns Pty Ltd, or any other employer.

The Tribunal reasoned that the nomination by Café 33 Cairns Pty Ltd was refused by the Department and that a subsequent review of that refusal by the Tribunal was found to be without jurisdiction because the company had been deregistered. Consequently, there was no evidence before the Tribunal of an approved nomination by Café 33 Cairns Pty Ltd, or any other employer, in relation to the applicant. The Tribunal noted that current authority and departmental policy indicate that a position cannot be satisfied by a later nomination, even if it is for the same position and by the same employer, if it does not align with the initial declaration made in the visa application.

As the Tribunal concluded that the applicant had not met the requirements for the subclass 187 visa in the Direct Entry stream, specifically the requirement for an approved nomination, the decision under review to refuse the visa was affirmed.