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 sought review of a decision concerning the nomination of a motor mechanic position. The Tribunal, constituted by C. Packer, was required to determine whether the nomination met the relevant legislative criteria.

The primary legal issue before the Tribunal was whether the nomination for the motor mechanic position, made by Rhodes Family Trust, 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 and be the subject of an approved nomination application, with specific requirements for identification of the applicant in relation to the position where the nomination was made on or after 1 July 2017.

The Tribunal found that in a previous proceeding (Tribunal case 1912300), it had determined that the nominator, Rhodes Family Trust, met the requirements of regulation 5.19 for the approval of the nomination. Consequently, the Tribunal set aside the delegate's decision to refuse the nomination and substituted a decision approving it. Given this finding, the Tribunal concluded that criterion cl.187.233(3) was met. The Tribunal also noted that the applicant had subsequently married. The Tribunal remitted the visa application to the Minister for reconsideration, directing that the applicant met criterion cl.187.233(3) and for the Minister to consider the remaining visa criteria.