Singh (Migration)

This matter concerned an application for a Subclass 187 Regional Employer Nomination (Permanent) (Class RN) visa, specifically in the Direct Entry stream. The applicant sought to have a decision not to grant the visa reviewed by the Tribunal. The core of the dispute revolved around whether the applicant met the requirements of clause 187.233(3) of the relevant migration regulations.

The Tribunal was required to determine whether the applicant had satisfied the criteria for a Subclass 187 visa in the Direct Entry stream. This involved assessing whether the nominated position met specific requirements, including being located in regional Australia, being the subject of an approved nomination that had not been withdrawn, and that the applicant was identified in the nomination if made after 1 July 2017. Further considerations included whether the employer was the nominator, the absence of adverse information concerning the nominator or associated persons, the continued availability of the position, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the applicant's application for nomination was refused on 11 October 2017, and no persuasive material was presented to displace this fact. Consequently, the Tribunal concluded that at the time of its decision, there was no evidence of an approved nomination relating to the applicant. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet the essential requirements, the Tribunal affirmed the delegate's decision. The Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa.