Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), under the direct entry stream. The applicant sought review of a decision to refuse their nomination. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the requirements of clause 187.233(3) of the Migration Regulations 1994, which mandates that the Minister has approved the nomination of the position to which the application relates.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the Subclass 187 visa in the direct entry stream, specifically concerning the approval of the nomination. This involved considering whether the nominating company, Shree Sai Group Pty Ltd, had a valid and approved nomination at the time of the application and during the review process. The Tribunal also had to consider its own jurisdiction and the procedural requirements for review, including the applicant's opportunity to respond to adverse information.

The Tribunal found that the nominating company, Shree Sai Group Pty Ltd, had its nomination application refused on 1 March 2018. Subsequently, the company applied for a review of this refusal. However, on 12 February 2020, the AAT determined it no longer had jurisdiction to review the nomination refusal because Shree Sai Group Pty Ltd had been deregistered on 2 June 2019 and ceased to exist as a legal entity. Consequently, there was no valid application for review before the Tribunal. Furthermore, the applicant was provided with an opportunity to comment on the adverse information that they were not the subject of an approved nomination, but failed to respond.

As the applicant had not met the essential criteria for the Subclass 187 visa in the direct entry stream, specifically the requirement for an approved nomination, the Tribunal affirmed the decision not to grant the visa.