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. The applicant was nominated by Tovido Pty Ltd for the position of Restaurant Manager. The core dispute revolved around whether an approved nomination for the position existed, as required by the relevant migration regulations. The Administrative Appeals Tribunal (AAT) considered the matter without a hearing, finding it had sufficient material to determine the issues.

The primary legal issue before the Tribunal was whether the nomination of the position of Restaurant Manager met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations. This clause, as applicable, stipulated several conditions, including that the position be located in regional Australia, that the nominator be the prospective employer, that the nomination be approved and not withdrawn, that there be no adverse information known to the Department about the nominator or associated persons (or such information be disregarded), that the position remain available to the applicant, and that the visa application be lodged within six months of the nomination's approval.

The Tribunal's reasoning focused on the status of the nomination. It noted that the Department had initially refused the nomination, but Tovido Pty Ltd had applied for a review of that decision. On 18 August 2022, the Tribunal set aside the Department's refusal and substituted a decision approving the nomination. Consequently, the Tribunal found that clause 187.233(3) was now satisfied. Given this finding, the Tribunal determined that the appropriate course was to remit the visa application to the Minister for reconsideration of the remaining visa criteria.