Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, in the Direct Entry stream. The applicant sought to have a decision reviewed by the Tribunal, which had affirmed the refusal of their visa application. The core of the dispute revolved around whether the applicant's nominated position met the requirements of clause 187.233 of the Migration Regulations.

The Tribunal was required to determine whether the applicant's position was the subject of an approved nomination in the Direct Entry stream, located in regional Australia, as stipulated by clause 187.233. This clause mandates that the nominated position must be identified in an application for approval of a nomination, that the nominator must be the prospective employer, that the nomination must have been approved and not withdrawn, that there must be no adverse information known to Immigration concerning the nominator or associated persons, that the position must remain available, and that the visa application must be lodged within six months of the nomination's approval.

The Tribunal found that the nomination lodged by Jemm and Co Investments Pty Ltd was refused by a delegate of the Minister for Immigration and Border Protection on 22 March 2018, and this decision was final. Consequently, as the nomination had been refused, the applicant's visa application could not be considered to be the subject of an approved nomination. Despite the applicant's circumstances being beyond their control, the Tribunal concluded that clause 187.233 was not met because the position was not the subject of an approved nomination.

The Tribunal affirmed the decision not to grant the applicant the visa, as the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet the essential requirements for that stream.