Singh (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision concerning a Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream, for a Cook. The applicant, Mr. Singh, had applied for the visa based on a nomination by The Scaffidi Family Trust and Antonio Collova Family Trust trading as Burrendah Tavern. The primary dispute revolved around whether the nomination for the position had been approved, as required by clause 187.233 of the Migration Regulations.

The Tribunal was required to determine if the nomination met the criteria set out in clause 187.233, specifically whether the nominated position was approved, had not been withdrawn, was still available to the applicant, and if there was any adverse information known to the Department regarding the nominator or associated persons. The Tribunal also needed to consider the timing of the visa application in relation to the nomination approval.

The Tribunal found that while the initial nomination application had been refused, this decision was subsequently set aside by the Tribunal on 17 November 2020, and a decision approving the nomination was substituted. The Tribunal was satisfied that the nomination had not been withdrawn, the position remained available, and the visa application was lodged within six months of the nomination approval. Furthermore, there was no adverse information known to the Department concerning the nominator. Consequently, the Tribunal concluded that clause 187.233 was met.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the criteria under clause 187.233. The Minister was to consider the remaining criteria for the grant of the visa.