Singh (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr. Singh concerning his application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the occupation of Motor Mechanic. The dispute arose when the nomination application made by the applicant's nominator, the Trustee for Bandesha Cabs, was refused. The applicant sought to have his visa application linked to a second, later nomination application, which was also refused.

The primary legal issue before the Tribunal was whether the applicant had an approved nomination that had not been subsequently withdrawn, as required by the Migration Regulations. Specifically, the Tribunal had to determine if the applicant satisfied clause 187.233 of Schedule 2 to the Regulations, which mandates that the position to which the visa application relates must be the position nominated in an approved application. The Tribunal also considered clause 187.311, which requires the applicant to be a member of the family unit of a person who holds a Subclass 187 visa granted on the basis of satisfying the primary criteria.

The Tribunal reasoned that the applicant's nominator had two nomination applications, both of which were refused. The first nomination was refused on 9 May 2019, and the second nomination, made on 27 June 2018, was also refused on the same date. The applicant's request to link his visa application to the second nomination was noted, but the Tribunal found that neither the applicant nor any family member had satisfied the primary criteria for the grant of the Subclass 187 visa. Consequently, the Tribunal was not satisfied that clause 187.311 had been met.

The Tribunal affirmed the decision not to grant the applicant's Regional Employer Nomination (Permanent) (Class RN) visa.