Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, by Mr Manjinder Singh. The dispute arose after the delegate of the Minister refused the employer nomination. The nominator, A & K Butter Automotive Services Pty Ltd, lodged an application for review with the Tribunal.

The primary legal issue before the Tribunal was whether Mr Singh met the criteria under cl.187.233 of the Migration Regulations 1994, specifically concerning the nomination of a position. This clause requires, among other things, that the nomination be approved and not subsequently withdrawn, and that the nominator be a legal entity with an approved nomination.

The Tribunal found it had no jurisdiction to review the employer nomination because the nominator, A & K Butter Automotive Services Pty Ltd, had been deregistered with the Australian Securities and Investments Commission and its Australian Business Number had been cancelled, meaning the legal entity had ceased to exist. Consequently, there was no valid application for review, and the employer nomination was not approved. The Tribunal notified Mr Singh of this information and invited him to respond, noting that if this information was relied upon, he would be unable to meet cl.187.233(3), which requires an approved nomination.

As the requirements for the Subclass 187 visa in the Direct Entry stream were not met due to the non-approval of the employer nomination, the Tribunal affirmed the decision not to grant the visa.