Singh (Migration)

This matter concerned an application for review of a decision by the Department of Home Affairs to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), direct entry stream. The applicant sought to have the decision affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233(3) of the Migration Regulations 1994, specifically concerning the nomination of a position. This clause requires, among other things, that the nominated position be the subject of an approved nomination application, that the nominator be the prospective employer, that the nomination has not been withdrawn, and that the position remains available to the applicant.

The Tribunal noted that the nomination application lodged by the applicant's proposed sponsor for the position of Cook had been refused by the Department on 5 March 2018. While the applicant contended that he had been working full-time and being paid, and that circumstances had changed due to the restaurant's closure and the Department's delay, the Tribunal found that an approved nomination linked to the Subclass 187 visa application was a mandatory requirement. The Tribunal acknowledged the applicant's submission regarding his previous Subclass 457 visa having an approved nomination, but clarified that this did not satisfy the current requirement for the Subclass 187 visa. The Tribunal also affirmed the decision not to grant a visa to the second applicant, who was a member of the family unit, as she did not meet the secondary visa criteria and had not demonstrated she met the primary criteria in her own right.

The Tribunal affirmed the decision not to grant the applicants Regional Employer Nomination (Permanent) (Class RN) visas.