Singh (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, made by Mr. Singh and his accompanying family members. The core dispute revolved around whether the applicant had satisfied the requirements for an approved nomination for the position of cook, which was a prerequisite for the visa.

The Tribunal was required to determine whether the applicant had met the criteria outlined in clause 187.233 of the Migration Regulations. Specifically, the Tribunal had to ascertain if the position was the subject of an approved nomination, if the nominator was the prospective employer, if the nomination had been approved and not withdrawn, and if there was no adverse information concerning the nominator or associated persons. The Tribunal also needed to consider if the position remained available and if the visa application was lodged within the prescribed timeframe after the nomination approval.

The Tribunal reasoned that the nomination application associated with the visa application had been refused by a delegate of the Minister, and this decision was affirmed by the Tribunal on 25 September 2020. Consequently, the Tribunal found that the position was not the subject of an approved nomination as required by clause 187.233. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet the primary requirements, the Tribunal concluded that the secondary criteria for the accompanying family members could not be satisfied either, as they were not members of the family unit of a person holding a Subclass 187 visa.

The Tribunal affirmed the decision not to grant the applicants Regional Employer Nomination (Permanent) (Class RN) visas.