Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), direct entry stream. The applicant's related nomination application had been refused, and the decision under review was whether to remit the matter for reconsideration. The Tribunal was tasked with determining whether the applicant met the criteria for the visa, specifically clause 187.233 of Schedule 2 to the Regulations.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233, which outlines several requirements for the nominated position and the nominator. These include the position being located in regional Australia, the nominator being the prospective employer, the nomination being approved and not withdrawn, the absence of adverse information concerning the nominator or associated persons, the continued availability of the position, and the visa application being lodged within six months of the nomination's approval.

The Tribunal found that the applicant had provided details of a relevant nomination for the position of Retail Manager (General) in regional Australia. It was satisfied that the nominator was the prospective employer, the nomination had been approved and not withdrawn, and the position remained available. Crucially, the Tribunal found no adverse information regarding the nominator and determined that the visa application was made within the six-month timeframe after the nomination's approval. Although the Tribunal noted a past concern regarding the nominator's awareness of notifying the Department of previous nominees' departure, it was satisfied this had been addressed.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, directing that the applicant met criterion cl.187.233 of Schedule 2 to the Regulations.