Singh (Migration)

This matter concerned an application for review of a decision not to grant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to have the decision of the Department of Home Affairs, which refused the visa, set aside. The Tribunal was required to determine whether the applicant met the criteria for the grant of the visa, specifically focusing on the requirement for an approved nomination for the position.

The central legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 187.233 of the Migration Regulations 1994, which governs the nomination requirements for the Subclass 187 visa in the Direct Entry stream. This clause mandates, 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the subject of an approved nomination, that the nominator be the prospective employer, that the nomination has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was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 approval.

The Tribunal found that a critical requirement for the visa grant, namely an approved nomination under clause 187.233(3), had not been met. The Tribunal had informed the applicant that the nomination had been refused on 16 May 2019, and that this refusal would be a reason for affirming the Department's decision. The applicant, having been given the opportunity to comment or respond, acknowledged that there was no approved nomination for the position. The Tribunal concluded that as the applicant had not met the necessary criteria for the Direct Entry stream, including the requirement for an approved nomination, the decision under review must be affirmed.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa.