SINGH (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought review of a decision that refused their visa application. The Tribunal considered the applicant's claims under the Direct Entry stream, the Temporary Residence Transition stream, and the Agreement stream.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 187 visa, specifically clause 187.233 concerning the nomination of a position in regional Australia. The Tribunal also considered whether the applicant met the criteria for the Temporary Residence Transition stream (regulation 187.223) and the Agreement stream (clause 187.242).

The Tribunal found that the delegate had refused the nomination lodged by Annilax Enterprises Pty Ltd on 17 May 2018, and no comments were received from the applicant in response to being invited to do so. Consequently, the delegate concluded that clause 187.233(3) was not met, and therefore the applicant did not satisfy the criteria for the Direct Entry stream. The delegate also found that the applicant did not meet the criteria for the Temporary Residence Transition stream or the Agreement stream, as the relevant nominations were not approved or made in accordance with the requirements for those streams.

Despite these findings, the Tribunal determined that the matter should be remitted for reconsideration. The Tribunal directed that the applicant meets criterion cl.187.233(3) of Schedule 2 to the Regulations, indicating that the nomination had been approved and had not been subsequently withdrawn, and that the position remained available to the applicant. The Tribunal remitted the application to the Minister for reconsideration of the remaining criteria for the visa.