Harmanpreet 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, for the position of banana inspector. The applicant, Harmanpreet Singh, had his related nomination application refused, which was subsequently set aside in a separate review. The decision under review was remitted for reconsideration.

The legal issue before the Tribunal was to determine whether the applicant met the criteria for the Subclass 187 visa, specifically in relation to the approved position nomination. The Tribunal was required to consider the various subclauses of regulation 187.233 of the Migration Regulations 1994, which outline the requirements for the nominated position, the employer, and the nomination itself.

The Tribunal, presided over by Member Terrence Baxter, found that the applicant met criterion cl 187.233(3) of Schedule 2 to the Regulations, which states that the Minister has approved the nomination. Given this finding and the previous setting aside of the nomination refusal, the Tribunal determined that the appropriate course was to remit the visa application to the Minister for reconsideration of the remaining criteria. The Tribunal directed that the applicant be considered to meet the criterion of an approved nomination.