Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought review of a decision to affirm the refusal of their visa application. The Tribunal was required to determine whether the position to which the applicant's visa application related was the subject of an approved nomination, as required by clause 187.233 of Schedule 2 to the Migration Regulations 1994.

The Tribunal considered the requirements of clause 187.233, which stipulated that the nominated position must be located in regional Australia, identified the applicant, and be held by the person who made the nomination. Further, the nomination must have been approved and not subsequently withdrawn, with no adverse information known to the Department of Immigration concerning the nominator or associated persons, unless such information could be disregarded. The position also needed to remain available to the applicant, and the visa application lodged within six months of the nomination's approval.

The Tribunal noted that the applicant's employer's nomination had been refused by the Department, and a subsequent review application to the Tribunal had been affirmed. The applicant had failed to respond to an invitation under s 359A of the Migration Act 1958 to provide comments on this information. Consequently, the Tribunal found that the information before it indicated that the nomination application had not been approved, meaning the applicant did not meet the criteria under cl 187.233. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had not met these requirements, the decision under review was affirmed.