Bikramjeet Singh (Migration)

This matter concerned an appeal by Bikramjeet Singh (the applicant) against a decision relating to a Subclass 187 (Regional Sponsored Migration Scheme) visa, specifically under the Direct Entry stream. The core dispute revolved around whether the applicant was the subject of an approved nomination for the visa. The decision was made by the Tribunal.

The legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause mandates that the position to which the visa application relates must be the subject of an approved nomination, that the nominator must be the prospective employer, and that the nomination must not have been withdrawn and no adverse information should be known to the Department of Immigration.

The Tribunal reasoned that while the employer's nomination application had initially been refused by a delegate, the Tribunal itself had subsequently set aside that refusal and substituted a decision approving the appointment for the position of Cook. The Tribunal was satisfied that this approved position was the same as that which was the subject of the relevant nomination application and the visa application declaration. Consequently, the Tribunal found that the applicant met the requirements of clause 187.233.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant satisfied the criteria under clause 187.233. The Minister was to consider the remaining criteria for the visa.