Singh (Migration)

This matter concerned an appeal by Mr. Singh against the refusal of his Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The dispute arose because the nomination application made by DCSM Pty Ltd ATF The Trustee for the Toll Family Trust was refused by the Department, leading to the refusal of Mr. Singh's visa application. While Mr. Singh applied for a review of his visa refusal, the nominator subsequently withdrew their application for review of the nomination refusal.

The primary legal issue before the Tribunal was whether the associated nomination for the position had been approved, as required by clause 187.233 of the Migration Regulations. This clause stipulated that the nomination must have been approved and not subsequently withdrawn, and for nominations made on or after 1 July 2017, it must identify the applicant in relation to the position. The Tribunal also considered the applicant's claims regarding the reasons for the withdrawal of the nomination review.

The Tribunal reasoned that the evidence before it clearly indicated that the nomination was refused by the Department on 31 August 2018, and the subsequent application for review of this refusal was withdrawn by the nominator. The Tribunal informed Mr. Singh of this information and its relevance to clause 187.233(3), explaining that he would therefore be unable to meet the requirements for the visa. Mr. Singh stated that the nomination was withdrawn due to his complaint about work entitlements, but this did not alter the fact that the nomination itself had not been approved and had been withdrawn from review.

Consequently, the Tribunal affirmed the decision not to grant Mr. Singh the visa, as the essential criterion of an approved nomination had not been met.