Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a Retail Manager. The applicant sought review of a decision to refuse the visa. The Tribunal was required to determine whether the applicant met the criteria for the grant of the visa, specifically focusing on the requirements related to the nominated position and the approval of the employer's nomination.

The central legal issue before the Tribunal was whether the applicant satisfied clause 187.233 of the Migration Regulations, which outlines the requirements for a nominated position in the Direct Entry stream. This clause mandates that the position must be located in regional Australia, be the subject of an approved nomination, and that the nominator must be the prospective employer. Furthermore, for nominations made on or after 1 July 2017, the nomination must identify the applicant, the nomination must not have been withdrawn, there must be no adverse information known to Immigration about the nominator or associated persons (or such information must be disregarded), the position must remain available, and the visa application must be made within six months of the nomination's approval.

The Tribunal affirmed the decision to refuse the visa because the associated nomination for the position had been refused. The Tribunal noted that on 11 September 2019, it had decided to affirm the decision to refuse the nomination in a related case. The Tribunal explained to the applicant that without an approved nomination, they could not satisfy essential criteria for the Subclass 187 visa, specifically clause 187.233(3) of the Regulations. Consequently, as the requirements for the Direct Entry stream had not been met, the Tribunal affirmed the decision not to grant the visa.