Singh (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal (the Tribunal) regarding the refusal of Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The primary applicant sought a visa for the position of café or restaurant manager, nominated by his employer, The Trustee for Cucina Italian Diner Bagot Road Unit Trust. The secondary applicants were family members of the primary applicant.

The central legal issue before the Tribunal was whether the primary applicant met the requirements of clause 187.233 of the Migration Regulations 1994, specifically whether the nominated position was the subject of an approved nomination at the time of the decision. This clause requires, among other things, that the nomination has been approved and has not been subsequently withdrawn.

The Tribunal found that the employer's application for approval of the nominated position had been refused by the Department, and this decision had been affirmed by the Tribunal on review. Consequently, there was no information before the Tribunal that the applicant was the subject of an approved nomination. As this essential criterion for the Direct Entry stream was not met, the Tribunal affirmed the decision to refuse the primary applicant's visa. Because the primary applicant did not meet the criteria for the visa, the secondary applicants, who relied on their relationship to the primary applicant, also failed to meet the criteria under clause 187.311.