Singh (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Singh, who sought a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 Regional Sponsored Migration Scheme, Direct Entry stream. The core dispute revolved around whether the applicant met the criteria for this visa, particularly concerning the nomination of the position he sought to fill as a Motor Mechanic (General).

The Tribunal was required to determine whether the applicant had satisfied the requirements of clause 187.233 of Schedule 2 to the Migration Regulations. This clause mandates, among other things, that the position be the subject of an approved nomination, that the nominator be the prospective employer, that the nomination has not been withdrawn, and that the visa application be made within six months of the nomination's approval. The Tribunal also considered the applicant's declaration in relation to the nominated position.

The Tribunal affirmed the decision not to grant the visa, finding that the applicant had not met the criteria under cl.187.233(3). This conclusion was based on the fact that the nominator's application for approval of the nomination had been refused by the Department, a decision that the Tribunal had previously affirmed. The Tribunal referenced the Federal Court of Australia's decision in *Singh v MIBP* [2017] FCAFC 105, which emphasised that the visa scheme intends for a specific, approved employer nomination to be verified at the time of the visa application, constituting a "once off" process. As the nomination had not been approved, the applicant could not satisfy this essential criterion.

Consequently, the Tribunal affirmed the decision under review, meaning Mr. Singh was not granted the Regional Employer Nomination (Permanent) (Class RN) visa.