Damandeep Singh (Migration)

This matter concerned an appeal by Damandeep Singh against a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), under the direct entry stream. The Administrative Appeals Tribunal (AAT) was required to determine whether the nomination for the position had been approved and if the applicant met the relevant criteria.

The primary legal issue before the Tribunal was the assessment of clause 187.233 of the Migration Regulations, which sets out the requirements for the nominated position in the Direct Entry stream. This clause mandates that the position must be located in regional Australia, be the subject of an approved nomination, and, for nominations made on or after 1 July 2017, identify the applicant in relation to the position. The Tribunal also considered whether the employer was the nominator, if the nomination had been approved and not withdrawn, the absence of adverse information, the continued availability of the position, and the timeframe for the visa application relative to the nomination approval.

The Tribunal found that the nominated position of Retail Manager (General) met the requirements of clause 187.233. It was satisfied that the approved position was the same as that nominated and declared in the visa application, and that the employer was the nominator. Crucially, the Tribunal relied on its previous findings in the nomination application to determine that the nomination had been approved and that the applicant met the criteria under subregulation 5.19(4).

Consequently, the Tribunal set aside the Department's refusal decision and remitted the visa application to the Minister for reconsideration. The Tribunal directed that the applicant be considered to have met the requirements of clause 187.233 of Schedule 2 to the Regulations, leaving the assessment of the remaining visa criteria to the Minister.