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, by Mr. Singh. The Administrative Appeals Tribunal was required to determine whether the position to which the visa application related was the subject of an approved nomination, as required by clause 187.233 of the Migration Regulations.

The Tribunal considered the criteria under clause 187.233, which stipulated that the position must be nominated in an application for approval, the applicant must be identified in that application, the employer must be the nominator, the nomination must have been approved and not withdrawn, there must be no adverse information known to Immigration or such information must be reasonable to disregard, the position must remain available, and the visa application must be made within six months of the nomination approval. The Tribunal noted that the nomination lodged by Gurneet Pty Ltd was refused on 5 August 2019, and no application for review of this refusal had been lodged.

The Tribunal explained these requirements to the applicant, who confirmed his understanding. Despite the applicant's submissions regarding his employment and the circumstances of the nomination refusal, the Tribunal found that there was no evidence that the position was the subject of an approved nomination. Consequently, the Tribunal affirmed the decision not to grant the visa.