SINGH (Migration)

This matter concerned an application for review of a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, Direct Entry stream. The applicant sought to have the decision reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 187.233 of the Migration Regulations 1994, specifically concerning the nomination of the position. This clause requires that the position to which the application relates be the subject of an approved nomination, made by the prospective employer, and that the visa application be made within six months of the nomination's approval.

The Tribunal found that the nomination made by Arora G Pty Ltd had been refused by the Department and that a subsequent review application by the employer had been withdrawn, meaning the Tribunal had no jurisdiction to review that refusal. Consequently, there was no evidence before the Tribunal of an approved nomination by Arora G Pty Ltd, or any other employer, in relation to the applicant. The Tribunal noted that current authority and departmental policy indicate that a later nomination, even for the same position by the same employer, cannot satisfy the Schedule 2 criteria if the original nomination was not approved. The Tribunal also determined it lacked jurisdiction to review decisions concerning the applicant's spouse and daughter, as they were not in the migration zone at the time of the visa and review applications.

The Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187.