Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, by Mr Ravinder Singh, the nominee for the position of Retail Manager (General). The applicant's sponsoring employer, MPAV Company Pty Ltd, had applied for approval of a nomination for this position. The Department of Home Affairs refused the nomination application, and subsequently refused Mr Singh's visa application on the basis that the nomination was not approved. Both MPAV Company Pty Ltd and Mr Singh sought review of these decisions by the Tribunal.

The primary legal issue before the Tribunal was whether the nomination application had been approved, as this was a prerequisite for the visa application. The Tribunal was required to determine if the applicant had satisfied the criteria for the Subclass 187 visa in the Direct Entry stream, specifically clause 187.233 of the Migration Regulations, which requires the nominated position to have been approved. The Tribunal also considered the effect of the applicant's failure to respond to a section 359A letter.

The Tribunal reasoned that the applicant had not provided evidence that the nomination had been approved. The Department had refused the nomination application because it did not satisfy specific regulatory requirements. Following this refusal, the Tribunal issued a section 359A letter to the applicant, advising that the nomination had been affirmed and that without evidence of its approval, the applicant could not satisfy clause 187.233(3) of the Migration Regulations. The applicant was invited to provide a written response, but failed to do so within the prescribed period. Consequently, the Tribunal determined that the applicant was not entitled to appear before it, and it proceeded to make a decision based on the available information.

The Tribunal affirmed the decision not to grant Mr Singh's visa application, concluding that the requirements for the Direct Entry stream had not been met due to the unapproved nomination.