Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), under the direct entry stream. The applicant sought review of a decision by the Department of Immigration to refuse the nomination of a position. The Tribunal, constituted by Susan Reece Jones, was required to determine whether the applicant met the requirements of clause 187.233 of the Migration Regulations.

The primary legal issue before the Tribunal was whether the nominated position met the criteria outlined in clause 187.233. This clause requires, among other things, that the nominated position be located in regional Australia, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons, that the position remains available, and that the visa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 the applicant's employer nomination, initially refused by the Department, had subsequently been approved by the Tribunal on review. The Tribunal was satisfied, based on the evidence presented, that all the requirements of clause 187.233 were met. Specifically, the nominator would employ the applicant, the nomination was approved and not withdrawn, there was no adverse information or it was reasonable to disregard it, the position remained available, and the visa application was lodged within the prescribed timeframe after the nomination approval.

Consequently, the Tribunal remitted the visa applications for reconsideration. The direction was that the first named applicant met the criteria under clause 187.233. The remaining criteria for the first applicant, as well as the entirety of the applications for the second and third named visa applicants, were to be reconsidered by the Minister.