SINGH (Migration)

This matter concerned an appeal before the Migration Review Tribunal regarding a Subclass 187 Regional Sponsored Migration Scheme visa application, specifically within the Temporary Residence Transition stream. The applicant sought a permanent visa based on a nominated position as a Café or Restaurant Manager. The core dispute revolved around whether the nomination for this position had been validly approved and met the relevant regulatory criteria.

The Tribunal was required to determine whether the nomination for the applicant's position as a Café or Restaurant Manager satisfied the requirements of clause 187.223 of Schedule 2 to the Migration Regulations. This involved assessing whether the nominated position was located in regional Australia, whether the applicant was identified in relation to the position, and whether the nomination had been approved by the Minister and not subsequently withdrawn. The Tribunal also needed to consider whether there was any adverse information concerning the nominator or associated persons, or if such information could be disregarded, and if the position remained available to the applicant.

The Tribunal found that the nominated position met the criteria outlined in clause 187.223, including that it was the same position as that declared in the visa application and that the applicant was identified in relation to it. It also found that the employer was the nominator and that the nomination had been approved. Consequently, the Tribunal concluded that the visa applicant satisfied the requirements of clause 187.223.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the applicant met the requirements of clause 187.223 for a Subclass 187 visa.