Ravinder Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a Retail Manager. The applicant, Ravinder Singh, sought review of a decision concerning the approval of a nomination for the position. The Tribunal, constituted by C. Packer, was required to determine whether the nominated position met the relevant criteria under clause 187.233 of Schedule 2 to the Regulations.

The primary legal issue before the Tribunal was whether the nominated position was the subject of an approved nomination, as required by clause 187.233(3). This clause mandates that the position must be located in regional Australia and be the one that was the subject of a declaration made as part of the current visa application. Furthermore, for nominations made on or after 1 July 2017, the nomination must identify the applicant in relation to the position.

The Tribunal found that the nominator, H B Corp Pty Ltd ATF The Trustee for The H & B Trust, met the requirements of regulation 5.19 for the approval of the nomination. The Tribunal had previously set aside a delegate's decision to refuse the nomination application and substituted a decision approving it. Consequently, the Tribunal concluded that clause 187.233(3) was satisfied. Given this finding, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining visa criteria.