Singh (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal concerning a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Temporary Residence Transition stream. The applicant, Mr. Singh, sought review of a decision to refuse his visa application, and a second applicant, presumably a family member, also sought review based on their relationship to Mr. Singh. The core of the dispute revolved around the validity of the nomination supporting Mr. Singh's visa application.

The Tribunal was required to determine whether there was an approved nomination in place for Mr. Singh's Subclass 187 visa application. Specifically, the Tribunal needed to ascertain if the nomination made by IBT Business Solutions Pty Ltd remained valid and had not been withdrawn, as this was a crucial criterion for the grant of the visa under the relevant regulations. The Tribunal also had to consider the implications for the second applicant if the primary applicant failed to meet the visa requirements.

The Tribunal reasoned that a fundamental requirement for the grant of a Subclass 187 visa is an approved nomination that has not been subsequently withdrawn. The Tribunal informed the applicant that departmental records indicated the nomination had been withdrawn on 4 March 2019 and that the applicant was not currently the subject of any other approved nomination. The applicant stated he was unaware of the withdrawal at the time and that his employer cited business issues. The Tribunal concluded that as the nomination was withdrawn, the applicant did not satisfy the requirements of clause 187.223(2) of Schedule 2 to the Regulations. Consequently, the second applicant, whose eligibility depended on the primary applicant being granted the visa, also failed to meet the criteria under clause 187.311.

The Tribunal affirmed the decision not to grant the applicants the Regional Employer Nomination (Permanent) (Class RN) visas.