Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream. The applicant sought to have a decision affirmed by the Administrative Appeals Tribunal (the Tribunal) reviewed. The core of the dispute revolved around whether the applicant had satisfied the criteria for an approved nomination, which is a prerequisite for this visa subclass.

The Tribunal was required to determine whether the applicant had met the requirements of clause 187.233 of the Migration Regulations 1994. Specifically, the Tribunal had to ascertain if there was an approved nomination for the position, if the nominator was the prospective employer, if the nomination had been approved and not withdrawn, if there was no adverse information concerning the nominator or associated persons, if the position remained available, and if the visa application was lodged within six months of the nomination's approval. The Tribunal also considered the secondary criteria for the applicant's spouse and child.

The Tribunal's reasoning was that the nomination made by Caroline Morgan Pty Ltd had been refused by the Department, and this decision had been affirmed by the Tribunal. Despite being notified of this under section 359A of the Migration Act 1958 and informed of a pending Federal Circuit Court application regarding the nomination refusal, the Tribunal proceeded with the visa application. It concluded that as there was no approved nomination, clause 187.233(3) was not met. Consequently, the Tribunal affirmed the decision not to grant the Subclass 187 visas to the primary applicant and their spouse and child, as the secondary visa criteria were also not met.