Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Motor Mechanic. The applicant sought to have an approved nomination for this position, which is a prerequisite for the visa. The core dispute revolved around whether the nomination had, in fact, been approved by the relevant authorities.

The Tribunal was required to determine if the applicant had satisfied the criteria for the Subclass 187 visa, specifically clause 187.233, which mandates that the position be the subject of an approved nomination lodged in regional Australia. This clause further requires that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information known to the Department about the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the applicant had provided details of a nomination for the Motor Mechanic position. However, on 23 October 2019, the Tribunal affirmed a delegate's decision not to approve the nomination. The applicant's representative requested a postponement of the decision until after the applicant reached a two-year anniversary of employment, anticipating eligibility for a Subclass 482 visa. The Tribunal declined this request, noting that the relevance of a two-year employment period to the current visa application or a Subclass 482 visa was unclear. As the nomination had not been approved, the Tribunal concluded that clause 187.233(3) was not met, and therefore, the overall criteria for the visa were not satisfied.

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