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 the position of Retail Manager (General). The applicant sought review of a decision to affirm the refusal of this visa.

The primary legal issue before the Tribunal was whether the nominated position met the requirements of clause 187.233 of the Migration Regulations 1994. This clause mandates, among other things, that the position must be the subject of an approved nomination, that the nominator must be the prospective employer, that the nomination must not have been withdrawn, and that there must be no adverse information known to the Department concerning the nominator or associated persons, or such information must be reasonable to disregard. Additionally, the position must remain available to the applicant, and the visa application must be lodged within six months of the nomination's approval.

The Tribunal considered adverse information that the application for approval of the nominated position by Sai Hospitality Pty Ltd had been refused, and although an appeal was lodged, it was subsequently withdrawn. The Tribunal noted that a requirement for visa grant is an approved nomination. The applicant sought a deferral, explaining that he was working in a similar role for a new company and had obtained RCB approval for that role, expressing concern about a section 48 bar if his current application was refused. However, the Tribunal found that the initial nomination had been refused and then withdrawn, meaning there was no approved nomination as required by the regulations.

Consequently, the Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visa. The Tribunal also affirmed the refusal of the visa for the secondary applicant, as she was not a member of the primary applicant's family unit and did not meet the primary criteria in her own right.