Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), under the direct entry stream. The applicant sought review of a decision to refuse their visa application, which was linked to an employer's nomination for a motor mechanic position. The Tribunal was required to determine whether the applicant had an approved nomination for the position that had not ceased.

The central legal issue was whether the applicant satisfied clause 187.233 of the Migration Regulations 1994, which outlines the requirements for a nominated position in the direct entry stream. This clause mandates that the position must be located in regional Australia, be the subject of an approved nomination that identifies the applicant, and that the nomination has not been withdrawn. Further requirements include the employer being the nominator, the absence of adverse information concerning the nominator or associated persons, the continued availability of the position, and that the visa application was lodged within six months of the nomination's approval.

The Tribunal found that while the employer did not have an approved nomination at the time of the Department's initial decision, the Tribunal had subsequently set aside that refusal and approved the nomination. Based on this, the Tribunal was satisfied that all criteria under clause 187.233 were met, including the position's location, its identification in the nomination, the approval and non-withdrawal of the nomination, the lack of adverse information, the continued availability of the position as evidenced by employment documentation and financial statements, and the timely lodgement of the visa application. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria.