Singh (Migration)

The Administrative Appeals Tribunal considered the application of Mr. Sarbjit Singh for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, in the direct entry stream. The dispute arose after the nominator, The Trustee for International Limousine Services Unit, had its nomination application refused by the Tribunal. The applicant sought to have this refusal reviewed in conjunction with his visa application.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations, specifically concerning the nomination of a position. This clause requires, among other things, that the nomination be approved and not subsequently withdrawn, and that the position remain available to the applicant. The Tribunal also had to consider the applicant's request for an extension of time to find a new sponsor.

The Tribunal reasoned that as the nomination application had been refused, the applicant could not satisfy clause 187.233(3), which mandates that the Minister has approved the nomination. The Tribunal had previously affirmed the refusal of the nomination on 6 January 2023. Subsequently, the Tribunal notified the applicant under section 359A of the Migration Act 1958 (Cth) that the affirmed nomination refusal was a reason for affirming the visa decision. The applicant's representative responded on 23 January 2023, requesting an extension of time to find another sponsor, but did not provide substantive comments on the information provided by the Tribunal. The Tribunal found that the request for an extension was not reasonable in the circumstances and that the applicant had failed to meet the essential criterion of an approved nomination.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 187 visa.