Singh (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Subclass 187 Regional Sponsored Migration Scheme visa (Direct Entry stream). The applicant, Mr. Singh, sought to have a decision to refuse his visa application set aside. The core of the dispute revolved around the status of the nomination for the position of Motor Mechanic (General) that was intended to support his visa application.

The primary legal issue before the Tribunal was whether there was an approved nomination in place for Mr. Singh's visa application, as required by the Migration Regulations. Specifically, the Tribunal had to determine if the applicant satisfied the criteria under clause 187.233(3) of Schedule 2 to the Regulations, which mandates that the Minister has approved the nomination and that the nomination has not subsequently been withdrawn.

The Tribunal reasoned that the applicant's nominated position was not supported by an approved nomination because the nominator, Specialist Auto Group Pty Ltd, had withdrawn its application for approval of the nominated position. The applicant acknowledged this withdrawal and understood it to be the reason for the visa refusal. While the applicant provided a narrative explaining the circumstances leading to the withdrawal, including alleged delays by the Department, the Tribunal found that the factual basis for the refusal was the absence of an approved nomination. As this was a mandatory requirement for the grant of a Subclass 187 visa in the Direct Entry stream, and this requirement was not met, the Tribunal concluded that the decision under review had to be affirmed.