Singh (Migration)

The Administrative Appeals Tribunal considered a decision concerning Mr Singh's application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The core dispute revolved around whether the position of Café or Restaurant Manager, for which Mr Singh was nominated, was the subject of an approved nomination as required by the relevant migration regulations.

The Tribunal was required to determine if Mr Singh met the criteria for the visa, specifically whether the nomination for the Café or Restaurant Manager position had been approved and remained valid. This involved assessing whether the nominator had made a valid application for nomination approval, whether that nomination had been approved and not subsequently withdrawn, and whether the visa application was made within the prescribed timeframe after the nomination approval. The Tribunal also had to consider whether any adverse information was known to the Department regarding the nominator or associated persons.

The Tribunal's reasoning focused on the status of the nomination application. Records indicated that the nominator applied to have the position of Café or Restaurant Manager approved with Mr Singh as the nominee on 24 June 2016. However, this nomination application was refused on 15 March 2018. The nominator sought review of this refusal but subsequently withdrew the application for review on 11 September 2020. The Tribunal informed Mr Singh of this withdrawal, explaining its relevance to the requirement for an approved nomination. Mr Singh, through his representative, stated he was unaware of the withdrawal and had not been employed by the nominator since April 2018, also indicating he believed he should have been nominated for a Store Manager position in a cake and pastry business, not a Café or Restaurant Manager.

The Tribunal affirmed the decision under review. It found that the nomination application had been withdrawn, meaning there was no approved nomination as required by clause 187.233 of the Migration Regulations. Consequently, Mr Singh did not meet the criteria for the visa.