Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to have the decision not to grant this visa affirmed. The primary issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the nominated position was the subject of an approved nomination, if the nominator was the intended employer, if the nomination had been approved and not withdrawn, if there was no adverse information concerning the nominator or associated persons, if the position remained available to the applicant, and if the visa application was made within six months of the nomination approval. Crucially, the Tribunal considered whether the nominated position was still available to the applicant, given that the nominator, Rose View Corporate Pty Ltd, had been deregistered by the Australian Securities & Investments Commission on 3 November 2019.

The Tribunal reasoned that clause 187.233(5) requires the nominated position to be still available to the applicant. Evidence before the Tribunal indicated that the nominator had ceased trading and was deregistered. This strongly suggested that the nominated position was no longer available. Furthermore, the Tribunal noted that clause 187.233(3) requires the Minister to have approved the nomination, which is contingent on the nominator being a valid entity capable of employing the applicant. As the applicant had not responded to invitations to comment on this information, and the evidence pointed to the nominator no longer trading, the Tribunal was not satisfied that the applicant met the requirements of the visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, as the applicant had not met the necessary criteria.