Daljeet Singh (Migration)

The Administrative Appeals Tribunal considered an application by Daljeet Singh and another applicant for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The dispute concerned the refusal of the employer's nomination for the position of Transport Company Manager.

The primary legal issue before the Tribunal was whether the nomination application met the requirements of clause 187.223 of Schedule 2 to the relevant regulations. This clause mandates that the position be the subject of an approved nomination application that identifies the primary visa applicant, and that the nomination has been approved and not withdrawn. Further requirements include the absence of adverse information about the nominator, the position being located in regional Australia, the position remaining available to the applicant, and the visa application being lodged no more than six months after the nomination approval.

The Tribunal reasoned that the employer's nomination application and the visa application were lodged on the same date, 4 March 2016. It was satisfied that the nominated position of Transport Company Manager was still available to the first named applicant. Based on these findings, the Tribunal concluded that all the requirements of clause 187.223 had been met. Consequently, the Tribunal remitted the applications for reconsideration, directing that the first named applicant met the criteria under clause 187.223. The Tribunal also found that the second named applicant, as a member of the family unit, met the criteria for the visa.