Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the direct entry stream. The applicant sought review of a decision to refuse their visa application. The Tribunal was required to determine whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994, which pertains to the nomination of a position.

The central legal issue was whether the nominated position met the criteria stipulated in clause 187.233. This clause requires, among other things, that the position be the subject of an approved nomination, that the employer who made the nomination is the one who will employ the applicant, that the nomination has not been withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons (or such information can be disregarded), that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nomination application lodged by Hogs Breathe Café Eaton Pty Ltd for the position of Cook had been refused by a delegate of the Minister on 3 June 2019. Despite being invited to comment on this refusal by the Tribunal on 17 February 2021, the applicant did not respond. Consequently, the Tribunal was not satisfied that the nomination had been approved. As an approved nomination is a prerequisite for meeting the requirements of clause 187.233, and the applicant had only sought to satisfy the criteria for the direct entry stream, the Tribunal concluded that the applicant had not met the necessary requirements for the visa. The Tribunal affirmed the decision not to grant the visa.