Singh (Migration)

The Administrative Appeals Tribunal considered a decision concerning a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for an applicant seeking to work as a Cook. The core of the dispute revolved around whether the position to which the visa application related was the subject of an approved nomination, and whether any adverse information existed concerning the nominator.

The Tribunal was required to determine if the applicant met the criteria under cl.187.233 of Schedule 2 to the Migration Regulations 1994. Specifically, this involved assessing whether the nominator was the prospective employer, if the nomination had been approved and not withdrawn, if there was any adverse information known to the Department about the nominator or associated persons, if the position remained available, and if the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the nomination had been approved and the applicant was employed by the nominator, with the position still available. Crucially, the Tribunal found that anonymous allegations of the nominating business being paid for visas, dating from 2015 and 2016, did not constitute "adverse information" as defined by the regulations. This conclusion was based on the fact that the allegations were unsubstantiated, and departmental monitoring at the time did not reveal supporting evidence, nor had any emerged since. Consequently, the Tribunal found no adverse information known to the Department about the nominator or associated persons.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria. The Tribunal directed that the applicant met the criteria under cl.187.233 of Schedule 2 to the Regulations.