Singh (Migration)

This matter concerned an application by Mr Singh for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for the nominated position of Motor Mechanic. The Administrative Appeals Tribunal (AAT) was required to review the decision of the Department of Immigration and Border Protection to refuse the visa application. The company that made the nomination was in administration, and the Tribunal had attempted to contact Mr Singh for a response to information regarding the nomination, but received no reply.

The primary legal issue before the Tribunal was whether Mr Singh met the criteria for the Subclass 187 visa, specifically clause 187.233 of Schedule 2 to the Migration Regulations 1994, which pertains to the nomination requirements for the Direct Entry stream. This clause mandates, among other things, that the nomination must have been approved by the Minister and not subsequently withdrawn, and that the nominated position must still be available to the applicant.

The Tribunal reasoned that the nomination made by the company for the Motor Mechanic position had been refused by the Department and this refusal was affirmed by the Tribunal. Mr Singh failed to provide any response or comment to the Tribunal's request for information regarding this refusal. Consequently, as the nomination had not been approved, Mr Singh did not meet the criteria under clause 187.233(3) of Schedule 2. The Tribunal noted, referencing *Singh v MIBP* [2017] FCAFC 105, that this nomination approval process is a "once off" requirement. As Mr Singh had only sought to satisfy the criteria for the Direct Entry stream and had not met the essential requirements for that stream, the Tribunal affirmed the decision under review.