Singh (Migration)

This matter concerned an application for Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for Mr Singh and his accompanying family members. The core dispute revolved around the validity of a nomination for the position of Café or Restaurant Manager, which had been refused by the Department. The Administrative Appeals Tribunal (AAT), presided over by Member Ian Berry, was tasked with reviewing this refusal.

The primary legal issue before the Tribunal was whether Mr Singh was identified as a nominee in an approved nomination application that had not been withdrawn. This required the Tribunal to consider the specific criteria outlined in clause 187.233 of the relevant regulations, which stipulated, among other things, that the nominated position must be located in regional Australia, identified Mr Singh as the nominee (for nominations made on or after 1 July 2017), and that the nominator must be the prospective employer. Further requirements included the nomination being approved and not withdrawn, the absence of adverse information about the nominator or associated persons, the continued availability of the position, and that the visa application be made within six months of the nomination's approval.

The Tribunal's reasoning focused on the fact that the nominator, Joshi Qld Pty Ltd, had been deregistered by the Australian Securities & Investments Commission on 5 February 2018 and had not been reinstated. Consequently, the Department had refused its nomination application, and the Tribunal had previously found it lacked jurisdiction to determine Joshi's review application due to this deregistration. Despite being invited to provide information regarding the failed nomination, the applicants failed to respond within the prescribed period. The Tribunal applied section 359C and 360(3) of the Migration Act, which, in the absence of a response and an entitlement to a hearing, allowed the Tribunal to make a decision without further steps.

Ultimately, the Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas. As Mr Singh's family members' eligibility was contingent on his meeting the visa criteria, and he had failed to do so due to the invalid nomination, their applications also could not succeed.