Narinder 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 a cook. The applicant's visa application was remitted for reconsideration by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines several criteria relating to the nominated position, the nominator, the approval of the nomination, and the timing of the visa application. Specifically, the Tribunal had to determine if the nominated position was the subject of an approved nomination, if the nominator was the prospective employer, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator, if the position remained available, and if the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the applicant met the requirements of clause 187.233(2) because the relevant nomination, initially refused by the Department, was subsequently approved by the Tribunal on 26 June 2020, following a review of the nominator's application. As this crucial criterion was satisfied, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining criteria. The Tribunal also directed that the applications of the second and third named visa applicants be reconsidered in full.