Harjit 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. The applicant sought review of a decision concerning the approval of a nominated position. The Tribunal, as constituted in this decision, was required to determine whether the applicant had been nominated to an approved position and met the legislative requirements for employment in that position.

The primary legal issue before the Tribunal was whether the nominated position met the criteria stipulated by cl.187.233 of the Regulations. This included requirements that the position be the subject of an approved nomination under specific rules, that the employer who made the nomination is the one who will employ the applicant, that the nomination has not been withdrawn and there is no adverse information concerning the nominator, that the position remains available, and that the visa application was made within six months of the nomination's approval. The Tribunal also considered the size and scale of the nominating business, Mac's Irish Pub, Kilmore, to assess the genuine need for the nominated role.

The Tribunal reasoned that the size and scale of Mac's Irish Pub, a bar and bistro operating seven days a week and catering for up to 100 people, supported the employment of a cook in addition to two chefs. The business's financial performance, including a net profit of $157,371 in the 2016-17 financial year and gross income of $932,844, along with sound future projections after renovations, indicated its capacity to sustain the employment. The Tribunal concluded that the criterion regarding the nominated position was met.

Consequently, the Tribunal remitted the matter for reconsideration, indicating that the criterion for an approved nomination was satisfied.