Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a Mechanical Engineering Technician. The applicant had been offered a position and a nomination was approved. However, the employer subsequently withdrew the nomination application, stating the position was no longer available. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant had satisfied the relevant criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant met clause 187.223 of the Migration Regulations 1994, which governs the nomination of a position for this visa subclass. Specifically, the Tribunal had to consider whether the nominated position remained available to the applicant and whether the nomination had been approved and not subsequently withdrawn, as required by the regulations. The applicant's submission detailed the circumstances of the withdrawn nomination and expressed a desire to pursue studies instead.

The Tribunal reasoned that clause 187.223(4) explicitly requires that a nomination "has not subsequently been withdrawn." The evidence clearly indicated that the nomination had been withdrawn by the employer. Furthermore, clause 187.223(5) requires that "the position is still available to the applicant." The withdrawal of the nomination, coupled with the employer's statement that the position was no longer available, meant that this criterion was not met. As the applicant had not satisfied this essential requirement for the Direct Entry stream of the Subclass 187 visa, the Tribunal concluded that the decision under review should be affirmed.

The Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa.