SINGH (Migration)

This matter concerned an application for review by Mr Singh of a decision to refuse him a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Singh met the criteria for the grant of this visa.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 187.233 of the Migration Regulations 1994, which mandates, among other things, that a nomination under the Direct Entry stream must have been approved. Specifically, the Tribunal considered whether the nomination made by RAO R.S. and GRANDSONS Pty Ltd for the position of Retail Manager had been approved.

The Tribunal reasoned that clause 187.233(3) explicitly requires that the Minister has approved the nomination for the visa to be granted. The Tribunal noted that the applicant's visa application was made in relation to a nominated position, and that the nominator was the intended employer. However, the Tribunal found that the required nomination had not been approved. The Tribunal informed the applicant of this deficiency and its potential impact on his application, providing an opportunity to respond. The applicant acknowledged that without an approved nomination, his visa application could not be successful.

Consequently, the Tribunal affirmed the decision not to grant Mr Singh the Subclass 187 visa, as the essential criterion of an approved nomination had not been met.