Singh (Migration)

This matter concerned an appeal by Mr. Singh against a decision to affirm the refusal of his Subclass 187 (Regional Sponsored Migration Scheme) visa application, specifically under the Direct Entry stream. The core of the dispute was whether Mr. Singh was the subject of an approved nomination for a regional employer. The Administrative Appeals Tribunal (AAT) was required to determine if the applicant met the requirements of clause 187.233 of the Migration Regulations 1994.

The Tribunal considered the legal issue of whether the applicant had a valid nominated position with a sponsor, as required by the visa subclass. This involved examining the status of a prior application for approval of a nominated position made by Australian Skills Program, which had been refused and affirmed by the Tribunal. The Tribunal also had to assess whether the applicant met the specific criteria outlined in cl.187.233, including that the nominated position was the subject of an approved nomination, that the employer who made the nomination was the prospective employer, that the nomination had not been withdrawn, and that there was no adverse information concerning the nominator.

The Tribunal reasoned that the applicant's nominated position was not the subject of an approved nomination, as the prior application for nomination had been refused. The Tribunal noted that for Direct Entry stream applicants, the position must be the subject of an approved nomination under the relevant regulations. Furthermore, the Tribunal highlighted that the position must be one in relation to which the applicant is identified in the nomination, the employer must be the nominator, and the nomination must have been approved and not withdrawn. As the nomination had been refused, the applicant could not satisfy this essential criterion. The Tribunal affirmed the delegate's decision.