Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, Direct Entry stream, for a Chef position. The applicant, an Indian citizen, sought merits review of the Department of Home Affairs' decision to refuse his visa application. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations.

The primary legal issue before the Tribunal was whether the applicant had been the subject of an approved nomination for the position of Chef. Clause 187.233 outlines several criteria, including that the position must be nominated, the nomination must have been approved and not withdrawn, and there must be no adverse information known to Immigration about the nominator or an associated person, or it must be reasonable to disregard such information. The Tribunal also considered the applicant's submissions regarding the impact of COVID-19 restrictions, his pending subclass 491 visa application, and allegations of misconduct made against him.

The Tribunal found that a visa cannot be granted unless the relevant criteria specified in the Migration Act and Regulations are satisfied. In this instance, the applicant was required to be the subject of an approved nomination. The Tribunal noted that the applicant's representative acknowledged there was no evidence of an approved nomination. While the applicant denied allegations of paying for sponsorship and asserted the genuineness of his qualifications and experience, the Tribunal was not prepared to indefinitely defer its decision-making process pending the outcome of the applicant's separate subclass 491 visa application.

Ultimately, the Tribunal affirmed the Department's decision not to grant the applicant's Regional Employer Nomination (Permanent) (Class RN) visa. The Tribunal concluded that the applicant had not met the requirements of clause 187.233, specifically the necessity of an approved nomination for the position.