Anmoldeep Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, under the Direct Entry stream, made by Anmoldeep Singh. The applicant sought review of a decision by the Department of Immigration to refuse the visa. The core of the dispute revolved around whether the applicant met the criteria for the visa, specifically concerning the approval of the employer's nomination.

The Tribunal was required to determine whether the applicant satisfied clause 187.233 of Schedule 2 to the Migration Regulations 1994, which outlines the requirements for a nominated position in the Direct Entry stream. This clause mandates that the nominated position must be located in regional Australia, identified in the nomination application, and that the nomination itself must have been approved by the Minister and not subsequently withdrawn. Additional requirements include that the employer making the nomination is the one who will employ the applicant, that there is no adverse information known to Immigration concerning the nominator or associated persons, that the position remains available, and that the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the delegate's decision to refuse the visa was based on the fact that the nomination application lodged by SRS Capital P/L had been refused on 26 October 2016, and no response had been received from the applicant within the prescribed period. Consequently, the delegate was not satisfied that clause 187.233(3) had been met. The Tribunal also considered the Temporary Residence Transition Stream, but found that the nomination approval refusal meant the applicant did not meet the criteria under clause 187.223 either.

Given these findings, the Tribunal concluded that the appropriate course of action was to remit the visa application for reconsideration. The Tribunal directed that the applicant be considered to meet criterion 187.233(3) of Schedule 2 to the Regulations.