Singh (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant's nominator had withdrawn their merits review application with the Tribunal. The Tribunal subsequently issued a letter under s 359A of the Migration Act 1958 (Cth) indicating that it might affirm the decision under review due to the withdrawal of the nomination, and invited a response from the applicant. No response was received by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the Subclass 187 visa in the Direct Entry stream, specifically clause 187.233, which requires, among other things, that the nomination made by the employer has been approved and has not been subsequently withdrawn. The Tribunal also considered whether it was appropriate to proceed to a decision without further response from the applicant.

The Tribunal reasoned that clause 187.233(3) requires the nomination to have been approved, and clause 187.233(4) requires that the nomination has not been subsequently withdrawn. By withdrawing their merits review application, the nominator effectively withdrew the nomination. As no response was provided by the applicant to the s 359A letter, the Tribunal was satisfied that the applicant had not met clause 187.233(3) and that the requirements of clause 187.233 were not met.

Consequently, the Tribunal affirmed the decision not to grant the applicant the visa.