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 chef. The applicant's case was reviewed by the Tribunal, which was required to determine whether the applicant met the regulatory requirements for the visa, specifically concerning an approved nomination for a position located in regional Australia.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines several conditions, including that the position must be the subject of an approved nomination, that the employer who made the nomination is the one who will employ the applicant, that there is no adverse information known to Immigration about the nominator or associated persons (or such information is reasonable to disregard), that the position remains available, and that the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the applicant met the requirements of clause 187.233. It noted that on 23 November 2021, it had decided to approve the nomination, thereby satisfying the requirement that the nomination had been approved and not subsequently withdrawn. The Tribunal was also satisfied that the employer, Ghelray Pty Ltd, was the nominator, that no adverse information was known to Immigration, that the position was still available, and that the visa application was made within the prescribed timeframe after the nomination approval.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria specified in subclauses 187.233(3) and 187.233 of Schedule 2 to the Regulations.