Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, by Mr. Satpinder Singh. The applicant was nominated by G FORTUNE PTY LTD for a position as Restaurant Manager. The core dispute revolved around the status of the employer's nomination, which had been refused by a delegate of the Minister and for which the applicant claimed an appeal had been lodged. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant had met the essential criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant had satisfied clause 187.233 of the Migration Regulations 1994, which requires, among other things, that the position be the subject of an approved nomination that has not been subsequently withdrawn. Specifically, the Tribunal had to ascertain if an appeal against the refusal of the nomination had been validly lodged and was pending, or if the nomination had been approved. The applicant contended that an appeal had been lodged with the AAT, providing evidence in the form of a screenshot of an online lodgement.

The Tribunal considered the evidence presented by the applicant, including the initial refusal of the nomination by the Minister's delegate on 1 July 2019, and the applicant's assertion that an appeal was lodged on 12 July 2019. However, the Tribunal noted that the nominator had not appealed the nomination refusal decision, and there was no record of an approved nomination or a pending review of the refusal. Despite the applicant's submission of a screenshot indicating an appeal lodgement, the Tribunal found that this did not establish an approved nomination, which is a mandatory criterion for the visa.

Consequently, the Tribunal concluded that the applicant had not met the essential criteria for the grant of the visa, specifically the requirement for an approved nomination. Therefore, the Tribunal affirmed the decision under review, meaning the applicant was not granted the Regional Employer Nomination (Permanent) (Class RN) visa.