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 a decision of the Tribunal affirmed, which had affirmed the refusal of their nomination application. The core dispute revolved around whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994, specifically concerning the approval of the nomination.

The Tribunal was required to determine whether the applicant satisfied clause 187.233, which necessitates, among other things, that the position to which the application relates be the subject of an approved nomination. This includes requirements that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, and that the visa application was made within six months of the nomination's approval. The Tribunal also had to consider whether the applicant had been afforded procedural fairness, particularly in relation to a section 359A invitation to comment on information that might lead to the affirmation of the decision.

The Tribunal reasoned that a prerequisite for meeting clause 187.233 was an approved nomination. As the nomination made by Coolah Supermarket Pty Ltd in respect of the applicant had been refused by the Tribunal on 26 February 2020, the applicant could not satisfy subclause 187.233(3). Consequently, the Tribunal considered that the applicant did not meet the overall requirements of clause 187.233. Although the Tribunal issued a section 359A invitation on 28 February 2020, inviting comments on the refusal of the nomination and its relevance to the visa application, the applicant did not respond by the stipulated deadline of 13 March 2020. The Tribunal concluded that, due to the failure to meet the nomination approval requirement and the lack of response to the section 359A invitation, it was entitled to make a decision without further steps.

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