Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, by Mr Baltej Singh, who was nominated by Innaloo Gourmet Pizza Pty Ltd for the position of Retail Manager (General). The Department had refused to approve the employer's nomination application, and consequently, refused Mr Singh's visa application. Both parties sought review of these decisions before the Tribunal.

The primary legal issue before the Tribunal was whether the employer's nomination for the position of Retail Manager (General) had been approved, as required by clause 187.233(3) of the Migration Regulations. This was crucial because without an approved nomination, Mr Singh could not satisfy the criteria for the Subclass 187 visa in the Direct Entry stream. The Tribunal also considered whether it was required to allow Mr Singh to appear before it, given his failure to respond to a section 359A invitation.

The Tribunal reasoned that the employer's nomination application was refused by the Department because it did not satisfy specific regulatory requirements. Following this refusal, Mr Singh's visa application was also refused. The Tribunal issued a section 359A invitation to Mr Singh, advising him that an approved nomination was essential for his visa application and inviting him to provide a response by a specified date. As Mr Singh failed to respond to this invitation, the Tribunal determined, pursuant to section 359C and 360(3) of the Act, that he was not entitled to appear before the Tribunal. Citing *Hasran v MIAC* [2010] FCAFC 40, the Tribunal held that without an entitlement to a hearing, it lacked the power to permit appearance. Consequently, the Tribunal proceeded to make a decision based on the available information.

The Tribunal concluded that the requirements for the Subclass 187 visa in the Direct Entry stream had not been met, specifically the requirement for an approved nomination. Therefore, the Tribunal affirmed the Department's decision to refuse the visa application.