Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a Retail Manager position. The applicant's visa application was before the Tribunal for reconsideration after the Department of Home Affairs had initially refused to approve the nomination. The nominator had sought review of this refusal, and the Tribunal, on 11 April 2022, set aside the Department's decision and substituted it with a decision to approve the nomination.

The primary legal issue before the Tribunal was whether the nominated position met the requirements of clause 187.233 of the Regulations, specifically concerning the approval of the nomination. This clause requires, among other things, that the position be located in regional Australia, that the applicant be identified in the nomination application, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration or that such information is reasonable to disregard, that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the nominator had applied to have the position of Retail Manager approved with the applicant as the nominee on 24 November 2017. Although the Department refused this application on 12 June 2019, the Tribunal's subsequent decision on 11 April 2022 to set aside that refusal and approve the nomination meant that clause 187.233(3) was satisfied. Given this finding, the Tribunal determined that the appropriate course was to remit the visa application to the Minister for consideration of the remaining eligibility criteria.