Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to have a decision affirmed that refused to grant the visa. The Tribunal was required to determine whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994.

The primary legal issue was whether the applicant had satisfied the criteria for the visa, specifically concerning the nomination of the position. Clause 187.233 requires, among other things, that the position be the subject of an approved nomination, that the nominator be the prospective employer, that the nomination has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval. A key aspect of the dispute revolved around whether the applicant's visa application was subject to an approved nomination or a pending nomination review before the Tribunal.

The Tribunal found that the applicant had not provided sufficient evidence to demonstrate that the nomination had been approved or that a nomination review was before the Tribunal. Despite repeated opportunities and requests for evidence, including a specific deadline, the applicant and the nominating employer failed to produce substantiating documentation. The Tribunal noted that a case number provided by the nominating employer did not relate to the applicant's matter. Consequently, as the applicant had not satisfied the essential criteria for the visa, particularly regarding the approved nomination, the Tribunal affirmed the decision under review.