VIJENDER SINGH (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, by Vijender Singh. The applicant sought review of a decision affirming the refusal of his visa application. The core of the dispute revolved around the withdrawal of the employer's nomination by Princes Linen S.A. Pty Ltd, which was a prerequisite for the visa grant. The case was heard by Bridget Cullen, a member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the subclass 187 visa, specifically clause 187.233, which requires that the nomination for the position be approved and not subsequently withdrawn. The Tribunal also considered whether there were exceptional circumstances warranting Ministerial intervention.

The Tribunal reasoned that the applicant could not satisfy clause 187.233(4) of the Migration Regulations 1994, which mandates that a nomination must not have been subsequently withdrawn. Evidence indicated that the nomination was withdrawn on 11 January 2019, rendering the applicant unable to meet this essential criterion. Despite this, the Tribunal considered the applicant's circumstances, including evidence of longstanding and systemic bullying in his employment leading to serious psychiatric injury and ongoing, irreversible harm. The Tribunal concluded that these compassionate circumstances, if not recognised, would result in unfair or unreasonable outcomes.

Consequently, while affirming the decision not to grant the visa due to the unmet regulatory requirement, the Tribunal considered it appropriate to refer the matter for Ministerial consideration under section 351 of the Migration Act 1958, acknowledging the significant hardship the applicant would face.