Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, by Mr. Singh. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether Mr. Singh met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. The core of the dispute revolved around the validity of the nomination for the position of Cook, which was central to Mr. Singh's visa application.

The primary legal issue before the Tribunal was whether the nominated position was still available to the applicant and whether the nomination itself remained valid. Specifically, the Tribunal had to consider whether the nominator, Rose View Corporate Pty Ltd, had made a valid nomination that had been approved and not subsequently withdrawn, and crucially, whether the position was still available to Mr. Singh. This involved assessing information indicating that the nominator had ceased trading and was deregistered with the Australian Securities & Investments Commission.

The Tribunal reasoned that a key requirement for the visa was that the nominated position must still be available to the applicant. Evidence before the Tribunal showed that Rose View Corporate Pty Ltd was deregistered on 3 November 2019 and had not been reinstated. This led the Tribunal to conclude that the nominated position was likely no longer available. Furthermore, the deregistration of the company cast doubt on whether the nomination could still be considered approved and not withdrawn, as required by the regulations.

Consequently, the Tribunal affirmed the decision not to grant Mr. Singh the visa. The Tribunal found that the applicant had not satisfied the criteria for the Subclass 187 visa in the Direct Entry stream, specifically regarding the availability of the nominated position and the validity of the nomination itself.