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 a position as a restaurant manager. The applicant was nominated by Maan Group of Trading Pty Ltd. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominated position met the criteria set out in clause 187.233. This clause, as applicable, required that the position be the subject of an approved nomination in regional Australia, that the nominator be the prospective employer, that the nomination had not been withdrawn, that there was no adverse information known to the Department of Immigration concerning the nominator or associated persons (or that such information could be disregarded), that the position remained available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the applicant met all the requirements of clause 187.233. It noted that the nomination had been approved by the Tribunal itself on 30 June 2022, setting aside a prior refusal by the Department. The Tribunal was satisfied that the nominator was the prospective employer, the nomination had not been withdrawn, no adverse information was known or could be disregarded, the position remained available, and the visa application was lodged within the prescribed timeframe.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant had met the criteria under clause 187.233. The Minister was to consider the remaining criteria for the grant of the visa.