Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to satisfy the criteria for this visa based on a nomination by Sheridan Corporation Pty Ltd for the position of Service Manager. The core dispute revolved around whether the applicant met the requirements of clause 187.233(3) of Schedule 2 to the Regulations, specifically concerning the approval and currency of the nomination. The decision was made by Penelope Hunter, a Member of the Tribunal.

The legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 187.233(3) of Schedule 2 to the Regulations. This clause mandates that the position to which the visa application relates must be the subject of an approved nomination in the Direct Entry stream, located in regional Australia. Further, where the nomination was made on or after 1 July 2017, it must identify the applicant in relation to the position. The clause also requires that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration or that such information is reasonable to disregard, that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the applicant's nominated employer, Sheridan Corporation Pty Ltd, had its nomination for the Service Manager position refused by the Department on 25 July 2019. Although Sheridan Corporation Pty Ltd sought review of this refusal, the Tribunal, on 24 October 2022, affirmed the decision to refuse the nomination. The applicant himself acknowledged that Sheridan Corporation Pty Ltd no longer wished to employ him and therefore would not proceed with the sponsorship. Consequently, the Tribunal found that the relevant nomination for the applicant had not been approved, and thus the applicant had failed to meet the essential criteria for the Subclass 187 visa in the Direct Entry stream.

The Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, as the applicant had not satisfied the prescribed criteria for the visa.