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 Motor Mechanic (General) position. The applicant sought review of a decision concerning their eligibility for the visa.

The primary legal issue before the Tribunal was whether the applicant was the subject of an approved nomination under clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause requires, among other things, that the nominated position be located in regional Australia, that the employer who made the nomination is the one who will employ the applicant, that the nomination has been approved and not withdrawn, that there is no adverse information known to the Department about the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that on 30 March 2021, it had decided to approve the nomination and substituted its decision accordingly. Consequently, the Tribunal concluded that the applicant was now the subject of an approved nomination, satisfying clause 187.233(3) and other relevant criteria, including the availability of the position and the timely application for the visa. While a certificate under section 375A of the Migration Act 1958 was noted, its contents were deemed irrelevant to the determination of whether the nomination had been approved.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria for the visa, with the direction that the applicant met the requirements of clause 187.233(3) and clause 187.233 of Schedule 2.