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 cook. The applicant's employer, Nicon International Pty Ltd, had made a nomination which was initially refused by the Department. The nominator sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the relevant nomination had been approved as required by clause 187.233 of the Migration Regulations. This clause outlines several criteria for a valid nomination, including that the nominated position must be located in regional Australia, the nominator must be the intended employer, the nomination must have been approved and not withdrawn, there must be no adverse information known to the Department about the nominator or associated persons (or such information must be reasonably disregarded), the position must remain available to the applicant, and the visa application must have been made within six months of the nomination's approval.

The Tribunal reasoned that the Department's decision to refuse the nomination had been set aside on 4 June 2022, and a substituted decision approving the nomination had been made. As the nomination was now approved, the applicant met the requirements of clause 187.233(2). Consequently, 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.