Gurjant Singh (Migration)

The Administrative Appeals Tribunal considered the case of Gurjant Singh concerning his application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The dispute centred on whether Mr Singh had an approved nomination for the position of Arborist with his employer that had not ceased to be valid.

The primary legal issue before the Tribunal was to determine if the applicant met the criteria under clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause requires, among other things, that the nominated position be located in regional Australia, be the subject of an approved nomination that has not been withdrawn, and that the position remains available to the applicant. A further requirement, for nominations made on or after 1 July 2017, is that the nomination must identify the applicant in relation to the position.

The Tribunal found that while the applicant's employer did not have an approved nomination at the time of the Department's initial decision, the Tribunal had subsequently set aside that refusal and approved the nomination for the position of Arborist for Mr Singh. Based on the evidence, the Tribunal was satisfied that all the requirements of clause 187.233 had been met, including that the position was still available to the applicant and that the visa application was made within the prescribed timeframe after the nomination's approval.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that Mr Singh met the criteria under clause 187.233 for the Subclass 187 visa.