Sukhjinder Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, in the direct entry stream, for the applicants, who were nominated by Ali-Noor Holdings Pty Ltd for a position as a Cook. The Administrative Appeals Tribunal was required to determine whether the applicants met the essential criteria for the visa, specifically in relation to the nomination of the position.

The primary legal issue before the Tribunal was whether the nomination of the position by Ali-Noor Holdings Pty Ltd had been approved and remained valid, as required by clause 187.233 of the Migration Regulations. This clause mandates that the nominated position must be the subject of an approved nomination that has not been withdrawn, and that there is no adverse information known to Immigration about the nominator or associated persons, or that such information can be disregarded.

The Tribunal reasoned that the nominator's application for approval of the position was refused on 20 September 2019. Although the nominator sought review of this refusal, the Tribunal affirmed the decision not to approve the nomination on 15 May 2023. Consequently, the Tribunal informed the applicants that without an approved nomination, they could not meet an essential criterion for the visa. As the applicants failed to provide comments or respond to this information within the prescribed time, the Tribunal concluded that the nomination had been refused and was not approved. Therefore, clause 187.233(3) was not met, and the applicants did not satisfy the requirements for the visa.

The Tribunal affirmed the decision not to grant the applicants the Subclass 187 visas.