Tajvinder Singh (Migration)

The Administrative Appeals Tribunal considered the case of Tajvinder Singh, who sought review of a decision to refuse his application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Cafe or Restaurant Manager. The primary dispute revolved around whether the applicant had satisfied the criteria for an approved nomination for the nominated position.

The legal issue before the Tribunal was whether the applicant's nominated position met the requirements of clause 187.233 of the Migration Regulations, specifically whether there was an approved nomination in place. This clause requires, among other things, that the nominated position be the subject of an approved nomination application lodged in regional Australia, that the nominator be the prospective employer, and that the nomination has not been withdrawn.

The Tribunal reasoned that the applicant's visa application was refused by the Department because the nomination lodged by UNIQUE SA PTY LTD was refused on 30 August 2018. The Tribunal further noted that a differently constituted Tribunal had previously found it had no jurisdiction to review this refusal. As the applicant failed to respond to the Tribunal's invitation to comment on this information, the Tribunal found that the nomination had been refused and had not been approved. Consequently, the applicant did not satisfy clause 187.233(3) of the Migration Regulations.

The Tribunal affirmed the decision not to grant the applicant the visa, as the essential criteria for the Direct Entry stream of the Subclass 187 visa had not been met due to the lack of an approved nomination.