Mandeep Singh (Migration)

The Administrative Appeals Tribunal considered the case of Mandeep Singh concerning a Subclass 187 Regional Sponsored Migration Scheme visa, Direct Entry stream, for the position of Café or Restaurant Manager. The dispute centred on whether the nomination for this position had been approved, following a previous refusal by the Department.

The primary legal issue before the Tribunal was to determine if the nomination for the applicant's position met the requirements of clause 187.233 of the Migration Regulations. This clause outlines several criteria, including that the nominated position must be located in regional Australia, be the subject of an approved nomination, and that the applicant must be identified in relation to the position, among other conditions regarding the employer, the availability of the position, and the timing of the visa application relative to the nomination approval.

The Tribunal found that the applicant satisfied the requirements of clause 187.233. It noted that the nomination application was lodged on 17 February 2017, and despite an initial refusal on 17 September 2018, the Tribunal, on 15 June 2021, set aside the Department's decision and substituted its own decision approving the appointment for the specified position. The Tribunal was satisfied that the approved position was the same as that in the visa application declaration and that the applicant was identified in relation to the position, thus meeting the criteria.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant meets the requirements of clause 187.233 for a Subclass 187 visa.