Singh (Migration)

This matter concerns a review by the Administrative Appeals Tribunal of a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme). The applicant sought to have the refusal of their related position nomination application set aside.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233(3) of the Migration Regulations 1994, specifically concerning the approval of the nomination for the position. The Tribunal also considered its procedural obligations under section 359AA of the Migration Act 1958, which governs how it may present information that could lead to affirming a decision under review and the applicant's right to respond.

The Tribunal reasoned that clause 187.233 requires, among other things, that the nominated position be located in regional Australia, that the applicant be identified in relation to the position if the nomination was made on or after 1 July 2017, that the nominator be the prospective employer, that the nomination be approved and not withdrawn, that there be no adverse information about the nominator or associated persons, and that the position remain available to the applicant. The Tribunal also detailed the process under section 359AA, whereby it could present information that might lead to affirming the decision, explain its relevance, and invite the applicant to comment or seek an adjournment.

The Tribunal concluded that the decision under review should be affirmed.