Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to have a decision affirmed by the Tribunal, which had refused the approval of a nomination made by Chefton Pty Ltd in respect of the applicant. The Tribunal, constituted by Member Karen McNamara, was required to determine whether the applicant met the requirements of clause 187.233 of the Migration Regulations.

The central legal issue before the Tribunal was whether the applicant had satisfied the criteria under cl.187.233, specifically the requirement that the position to which the application related be the subject of an approved nomination. The Tribunal noted that this criterion necessitates that the nomination has been approved and not subsequently withdrawn, among other conditions. The Tribunal also considered whether the applicant had been provided with an opportunity to respond to information that would form the basis of the decision.

The Tribunal reasoned that to satisfy cl.187.233(3), the nomination must have been approved by the Minister. As the Tribunal had previously affirmed the decision not to approve the nomination made by Chefton Pty Ltd, this essential criterion was not met. Consequently, the Tribunal concluded that the applicant could not satisfy the requirements for the visa in the Direct Entry stream. The Tribunal affirmed the decision under review.