SINGH (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, in the Direct Entry stream. The applicant sought review of a decision to refuse this visa. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically concerning the requirement for an approved nomination.

The central legal issue before the Tribunal was whether the applicant had satisfied clause 187.233 of the Migration Regulations 1994, which mandates that the position to which the visa application relates must be the subject of an approved nomination. This clause requires that the nomination has been approved and has not been subsequently withdrawn. The Tribunal also considered the applicant's entitlement to a hearing, noting that the applicant had failed to respond to a notice issued under section 359A of the Migration Act 1958, which invited comments on information that would lead to the refusal of the visa.

The Tribunal reasoned that the nomination lodged by Master Chefs Pty Ltd, the prospective employer, was refused by the delegate on 11 May 2016. This refusal was subsequently affirmed by the Tribunal on 5 July 2018. As the nomination had been refused, it had not been approved, and therefore clause 187.233(3) was not met. The Tribunal noted that the applicant had not responded to the section 359A notice, thereby forfeiting the entitlement to a hearing. Consequently, the Tribunal proceeded to make its decision based on the available evidence.

The Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, in the Direct Entry stream, as the applicant had failed to meet the essential criterion of having an approved nomination.