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 Immigration to refuse the visa set aside. The Tribunal had before it the Department's file and the Tribunal's own file, and noted that no further information had been provided by the applicant since the initial visa application.

The primary legal issue before the Tribunal was whether the applicant was the subject of an approved nomination for a position in regional Australia, as required by the relevant migration regulations. Specifically, the Tribunal had to determine if the criteria under clause 187.233, which included requirements for the nomination to be approved, not withdrawn, the employer to be the nominator, the position to be available, and the visa application to be lodged within six months of nomination approval, had been met. The Tribunal also considered whether there was any adverse information concerning the nominator or associated persons that had not been disregarded.

The Tribunal found that the applicant had not provided any further information or arguments to satisfy the criteria for the visa, despite being invited to do so on multiple occasions. The Tribunal noted that the decision under review was a refusal of the visa, and that the nomination itself had not been approved and was not the subject of a review application. As the applicant had failed to demonstrate that the essential requirements of the Subclass 187 visa in the Direct Entry stream had been met, the Tribunal affirmed the decision under review.