Vijay Pal Singh (Migration)

This matter concerned an appeal by Vijay Pal Singh against the decision to refuse his application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, direct entry stream, for the occupation of Pastry Cook. The primary issue before the Tribunal was whether Mr. Singh met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine whether the nominator, THE TRUSTEE FOR KH&SM INVEST TRUST, was actively and lawfully operating at the time of the decision, and whether any adverse information concerning the nominator was known to the Department of Immigration. This involved assessing whether the applicant had provided sufficient evidence to demonstrate that it was reasonable to disregard the adverse information, specifically that the nominator had been deregistered and its GST registration cancelled. The Tribunal also considered the applicant's current employment with a different entity and a previous refusal of a visa application on grounds related to a bogus document, which had been set aside by the Tribunal in prior proceedings.

The Tribunal found that the nominator was not actively and lawfully operating at the time of the decision, constituting adverse information. Despite the applicant's submission of income statements showing employment with another entity and a letter from the nominator indicating a continued need for the applicant's services, the Tribunal concluded that the applicant had not demonstrated that it was reasonable to disregard the adverse information regarding the nominator's deregistration. The Tribunal noted that the applicant had been given opportunities to respond to the adverse information but had not provided a satisfactory response. Consequently, the Tribunal affirmed the decision not to grant the visa.