Singh (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Singh, who sought review of a decision not to grant him a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The primary dispute concerned the approval of a correlating nomination in Case number 1800727, which was a prerequisite for the visa application.

The Tribunal was required to determine whether Mr. Singh met the criteria for the Subclass 187 visa, specifically clause 187.233 of Schedule 2 to the Regulations. This clause mandates that the position to which the application relates must be the subject of an approved nomination application in the Direct Entry stream, located in regional Australia, and must be the same position declared in the visa application. Furthermore, for nominations made on or after 1 July 2017, the nomination must identify the applicant in relation to the position, and the nominator must be the prospective employer.

The Tribunal reasoned that the nomination in Case number 1800727 was not approved on 4 November 2019, as required by regulation 5.19. Consequently, Mr. Singh failed to satisfy clause 187.233(3) of Schedule 2 to the Regulations, meaning the essential criteria for the Direct Entry stream of the Subclass 187 visa were not met. The Tribunal noted that no claims were made regarding other visa streams.

Accordingly, the Tribunal affirmed the decision not to grant Mr. Singh the Regional Employer Nomination (Permanent) (Class RN) visa.