Singh (Migration)

The Administrative Appeals Tribunal considered a decision concerning a migration matter involving an applicant and the Department of Home Affairs. The central dispute revolved around whether an approved nomination existed for the applicant's visa application, specifically in relation to the position of Office Manager.

The Tribunal was required to determine if the applicant met the criteria outlined in clause 187.233 of the Migration Regulations. This clause mandates, among other things, that the position be located in regional Australia, be the subject of an approved nomination, and that the nomination was made by the prospective employer and has not been withdrawn. Furthermore, the Tribunal had to consider whether any adverse information known to the Department about the nominator or associated persons could be disregarded, and if the position remained available to the applicant. A key question was whether the visa application was lodged within six months of the nomination's approval.

The Tribunal's reasoning focused on the status of the nomination application. Records indicated that the nomination application was lodged on 30 August 2017, refused on 2 January 2018, and the nominator's subsequent application for review was confirmed as dismissed by the Tribunal on 19 October 2020. This affirmation of the refusal meant that the nomination was not approved. The Tribunal notified the applicant of this information and invited comments, indicating that this failure to meet the approved nomination requirement would likely lead to the affirmation of the decision under review.

Consequently, the Tribunal affirmed the decision under review, concluding that the applicant did not meet the requirements of clause 187.233, specifically the criterion that the nomination must be approved.