Harpreet Singh (Migration)

This matter concerned a review by the Administrative Appeals Tribunal (AAT) of a decision relating to a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for an applicant seeking employment as a Cook. The AAT, constituted by Member Lilly Mojsin, considered whether the applicant met criterion cl.187.223 of Schedule 2 to the Regulations.

The primary legal issue before the Tribunal was to determine whether the nominated position for the Cook met the requirements of cl.187.223, which mandates that the position be located in regional Australia, be the subject of an approved nomination, and that the applicant be identified in relation to that position. Further considerations included whether the employer was the nominator, if the nomination had been withdrawn, if there was adverse information concerning the nominator or associated persons, if the position remained available, and if the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the nomination for the Cook position, made by Latitude North Hotels Pty Ltd trading as Grand Hotel Thursday Island, had been approved on 8 November 2019. It was satisfied that the employer was the nominator, the nomination had not been withdrawn, and no adverse information was known to the Department of Immigration. The position was confirmed to be in regional Australia (Thursday Island, Queensland) and remained available to the applicant, with the visa application made prior to the nomination's approval.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, directing that the applicant meets criterion cl.187.223 of Schedule 2 to the Regulations.