Gurendra Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically a Subclass 187 Regional Sponsored Migration Scheme visa under the Direct Entry stream, for the position of ICT Support Technician. The applicant, Gurendra Singh, sought review of a decision concerning his visa application. The Tribunal, presided over by Ian Berry, was tasked with determining whether the applicant had an approved nomination for a position that had not been withdrawn.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations. This clause outlines several criteria, including that the nominated position must be located in regional Australia, the applicant must be identified in the nomination application (if made on or after 1 July 2017), the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, there must be no adverse information known to Immigration about the nominator or associated persons (or such information must be reasonable to disregard), the position must still be available, and the visa application must have been made within six months of the nomination's approval.

The Tribunal found that the applicant satisfied clause 187.233. It was satisfied that the approved position was the same as that subject to the relevant nomination application and the visa application declaration. Furthermore, the Tribunal was satisfied that Telebiz Telco Pty Ltd would employ the applicant, was the nominator, continued to employ the applicant since January 2018, and had not withdrawn the position. Given these findings, the Tribunal concluded that the applicant met the criteria under clause 187.233.

Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the first named applicant meets the criteria under clause 187.233. The applications of any secondary applicants were also remitted for reconsideration, taking into account the finding that the primary applicant now satisfies the relevant criteria.