Narinder Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 Regional Sponsored Migration Scheme, Direct Entry stream, for the position of Facilities Manager. The decision was made by Member Angela Julian-Armitage of the Tribunal. The core of the dispute revolved around whether the applicant met the criteria for an approved nomination for the visa.

The Tribunal was required to determine if the nomination for the applicant's position satisfied the requirements of clause 187.233 of Schedule 2 to the Migration Regulations. This clause mandates that the nominated position be located in regional Australia, that the applicant be identified in relation to the position (for nominations made on or after 1 July 2017), that the nominator be the prospective employer, that the nomination be approved and not withdrawn, that there be no adverse information known to Immigration about the nominator or associated persons, that the position remain available to the applicant, and that the visa application be made within six months of the nomination's approval.

The Tribunal found that the applicant had been employed by the nominator for over four years, had entered into a new employment contract with a significant remuneration increase, and wished to continue in the role. Crucially, the nomination was approved on 20 October 2022, and no adverse information was presented. Consequently, the Tribunal concluded that the provisions of cl 187.233 were met.

Given these findings, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the first named applicant and Mrs Pardeep Kaur meet the criteria outlined in cl 187.233 of Schedule 2 to the Regulations.