Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a Café or Restaurant Manager. The applicant sought review of a decision to refuse the visa. The Tribunal, presided over by Jade Murphy, was required to determine whether the position to which the application related was the subject of an approved nomination.

The central legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 187.233 of the Migration Regulations 1994. This clause mandates that the position must be the subject of an approved nomination lodged by the prospective employer, located in regional Australia, and identified the applicant if the nomination was made after 1 July 2017. Further requirements included that the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, there must be no adverse information known to Immigration about the nominator or associated persons, the position must remain available, and the visa application must be made within six months of the nomination's approval.

The Tribunal found that the nomination lodged by H Koya & S Koya Pty Ltd was refused on 28 March 2019, and this refusal was affirmed by the Tribunal on 17 September 2020. The applicant acknowledged these facts and confirmed his understanding of the nomination requirements. While the applicant raised allegations of extortion and non-payment of superannuation, GST, and tax by his former employer, and requested Ministerial Intervention, the Tribunal noted that it was open to the applicant to make a direct request for such intervention. In the absence of evidence that the position was the subject of an approved nomination, the Tribunal was inclined to affirm the delegate's decision.

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