Gagandeep 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 Gagandeep Singh. The applicant sought review of a decision concerning his eligibility for the visa, specifically in relation to the requirement that he be the subject of an approved nomination that had not been withdrawn. The decision was made by the Tribunal, with Member Ian Berry presiding.

The primary legal issue before the Tribunal was whether the applicant met the criteria set out in clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines several requirements for a nomination to be considered valid, including that the nominated position be located in regional Australia, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nomination made by SGRD Enterprises Pty Ltd, the applicant's employer, was approved on 20 January 2022 and had not been withdrawn. Furthermore, there was no evidence of adverse information regarding the applicant or his employer. Based on these findings, the Tribunal concluded that clause 187.233 was satisfied.

Consequently, the Tribunal remitted the application for a Regional Employer Nomination (Permanent) (Class RN) visa for reconsideration by the Minister, with a direction that the applicant meets the criteria under clause 187.233 of Schedule 2 to the Regulations.