Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a position as a Café or Restaurant Manager. The applicant sought review of a decision not to grant the visa. The primary issue was whether the applicant satisfied clause 187.233 of Schedule 2 to the Migration Regulations 1994, which sets out the requirements for a nominated position.

The Tribunal was required to determine whether the nominated position met the criteria under clause 187.233. Specifically, this involved assessing whether the nomination had been approved and had not been subsequently withdrawn, whether the nominator was the intended employer, and whether the position remained available to the applicant. The Tribunal also considered whether the applicant was working for the nominator or a different company, and the implications of the nominator company's deregistration.

The Tribunal found that the nomination for the position of Café or Restaurant Manager by The Silverback Café Buderim Pty Ltd had been refused on 13 March 2019. Although a review was sought, the company was deregistered on 28 September 2019, meaning it had ceased to exist. The review application was subsequently dismissed. The applicant's representative acknowledged that the nominated employer was unavailable and the applicant was no longer working for them. Consequently, the Tribunal concluded that the nomination had not been approved and the position was not still available to the applicant, meaning the applicant did not meet clauses 187.233(3) and 187.233(5) of the Regulations.

Despite affirming the decision not to grant the visa, the Tribunal considered it appropriate to bring the matter to the attention of the Minister, particularly concerning the applicant's Australian-born child and the potential consequences for that child if the applicant were required to depart Australia. A copy of the applicant's submissions was also to be forwarded for consideration.