Singh (Migration)

This matter concerned an appeal by Mr. Inder Pal Singh and Mrs. Inderpreet Kaur against the Department's decision to refuse their applications for Regional Employer Nomination (Permanent) (Class RN) visas, specifically under the Subclass 187 Regional Sponsored Migration Scheme, Direct Entry stream. The core dispute revolved around whether the applicants had an approved nominating sponsor and a nominated position that met the relevant legislative criteria.

The Tribunal was required to determine if the applicants had satisfied clause 187.233 of the Migration Regulations, which mandates, among other things, that the position be the subject of an approved nomination, that the nominator be the prospective employer, and that the nomination has not been withdrawn. Furthermore, the Tribunal had to consider the implications of a previous Tribunal decision that refused the nomination application made by Central Cleaning Supplies (Aust) Trust. The Tribunal also needed to assess whether the secondary applicant, Mrs. Kaur, met the criteria under clause 187.311, which is contingent on the primary applicant, Mr. Singh, being granted a Subclass 187 visa.

The Tribunal's reasoning centred on the fact that a prior Tribunal decision (Case number 1919672) had affirmed the refusal of the nomination application by Central Cleaning Supplies (Aust) Trust. This prior decision meant that the applicants could not satisfy the requirement of having an approved nominating sponsor and position, as stipulated by clause 187.233. Despite being notified of this adverse information and invited to provide comments, the applicant did not submit any further documentation or information. Consequently, the Tribunal concluded that the primary applicant, Mr. Singh, could not meet the criteria for the Subclass 187 visa. As Mrs. Kaur's eligibility was dependent on Mr. Singh's eligibility as the primary applicant, she also failed to satisfy clause 187.311.

Accordingly, the Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to either applicant.