Singh (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Singh and his family, who sought to obtain Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187, under the Direct Entry stream. The primary dispute concerned whether the applicants met the eligibility criteria for these visas, specifically relating to the employer's nomination of a position.

The Tribunal was required to determine if the applicants satisfied the requirements of Schedule 2 to the Migration Regulations 1994 for a Subclass 187 visa. This involved assessing whether the nominated position met the criteria outlined in clause 187.233, including that the nomination was approved, not withdrawn, and that the position remained available to the applicant within the prescribed timeframe. Crucially, the Tribunal had to consider the status of the employer's nomination, which had previously been refused.

The Tribunal's reasoning focused on the failure to provide evidence of an approved nomination. It noted that clause 187.233(3) requires the Minister to have approved the nomination. The Tribunal had previously affirmed a decision refusing the employer's nomination for the position of Chef. As this essential prerequisite for the visa application was not met, the applicants could not satisfy clause 187.233(3) and, consequently, the secondary criteria for the grant of the visas.

The Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to Mr. Singh and his family, including his spouse and son, as members of the same family unit.