Satnam 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 the position of Cook. The applicant’s nominating employer, BR Brothers Pty Ltd, had initially had its nomination refused by the Department. The employer sought review of this decision, and the Tribunal was required to determine whether the nomination had been approved.

The primary legal issue before the Tribunal was whether the applicant met the criteria under clause 187.233(3) of Schedule 2 to the Migration Regulations 1994, which requires that the nomination has been approved and has not been subsequently withdrawn. The Tribunal also considered the broader requirements of clause 187.233, including that the position is located in regional Australia, that the employer is the nominator, that there is no adverse information known to Immigration, that the position remains available, and that the visa application was made within six months of the nomination approval.

The Tribunal reasoned that on 28 July 2021, it had set aside the Department's decision to refuse the nomination and substituted a decision to approve the nomination under regulation 5.19(4). As the nomination had been approved by the Tribunal, the applicant therefore met the requirement under clause 187.233(3). Consequently, the Tribunal concluded that the appropriate course was to remit the visa application to the Minister for reconsideration of the remaining visa criteria.