Sukhwinder Singh (Migration)

The applicant, Sukhwinder Singh, sought to obtain a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 Direct Entry stream. The Administrative Appeals Tribunal was tasked with reviewing the decision not to grant this visa.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for a Subclass 187 visa in the Direct Entry stream. This involved examining whether the nominated position of Hairdresser met the relevant regulatory requirements, including the necessity of an approved nomination.

The Tribunal affirmed the decision to refuse the visa because the applicant had failed to meet the essential requirements for the Direct Entry stream. Specifically, the decision notes that the applicant had not provided evidence of an approved nomination for the position, which is a mandatory criterion under regulation 187.233(1) of the Migration Regulations. As this fundamental requirement was not satisfied, the Tribunal concluded that the visa could not be granted.