Singh (Migration)

The applicant, Mr Parbhdeep Singh, sought review before the Administrative Appeals Tribunal of a decision to refuse him a Subclass 187 Regional Employer Nomination (Permanent) (Class RN) visa. The primary reason for the visa refusal was the withdrawal of his employer's nomination. The applicant requested a postponement of his hearing due to illness, providing a medical certificate stating he was unfit for work for two days.

The Tribunal was required to determine whether to grant the applicant's request for a postponement of his hearing, and consequently, whether the applicant had satisfied the criteria for the Subclass 187 visa, specifically in the Direct Entry stream. The adequacy and reliability of the medical evidence provided by the applicant were central to the postponement request.

The Tribunal declined the postponement request, finding the medical certificate unreliable. It noted that the certificate only covered two specific dates and did not state the applicant was unfit to attend a hearing or required extended rest. The Tribunal also considered the applicant's history of requests for postponement, including a previous grant of an extension which had provided him with ample time to respond to adverse information and seek migration advice, neither of which he had done. The Tribunal concluded that the applicant had not met the requirements for the Direct Entry stream of the Subclass 187 visa, as his nomination had been withdrawn and the position was no longer available.

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