Singh (Migration)

This matter concerned an application for a Subclass 187 visa in the Direct Entry stream. The applicant sought to have a decision affirmed by the Tribunal, which had refused to grant the visa. The core of the dispute revolved around whether the applicant met the criteria for an approved nomination for the position in regional Australia, as required by clause 187.233 of Schedule 2 to the Migration Regulations.

The Tribunal was required to determine whether the applicant had satisfied the requirements of clause 187.233, specifically concerning the approval of the nomination for the position. This involved assessing whether the nomination application had been approved by the Department, whether the nominator was the intended employer, and whether the position remained available to the applicant. The Tribunal also considered the temporal requirements for the visa application in relation to the nomination approval.

In its reasoning, the Tribunal referred to the Full Court of the Federal Court's decision in *Singh v MIBP* [2017] FCAFC 105, which emphasised that the nomination process is intended to be a specific, "once off" verification mechanism. The Tribunal found that the nominator's application for approval had been refused by the Department. As the nomination had not been approved, the applicant could not meet the criteria under cl.187.233(3). Consequently, the Tribunal affirmed the decision under review.