SINGH (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a cook. The applicant's nominator, Annilax Enterprises Pty Ltd, had its nomination initially refused by a delegate of the Minister. The delegate subsequently refused the visa application, finding that the applicant did not meet the criteria under the Direct Entry, Temporary Residence Transition, or Agreement streams, nor as a member of the family unit. The applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 187 visa, specifically focusing on the nomination requirements under clause 187.233 of Schedule 2 to the Regulations. This involved determining if the nominated position was still available to the applicant and if the nomination itself had been approved. The Tribunal also considered the delegate's assessment of the applicant under alternative visa streams and the family unit provisions.

The Tribunal found that, by a subsequent decision dated 31 January 2020, the nomination lodged by Annilax Enterprises Pty Ltd had been approved. This approval meant that the applicant now satisfied clause 187.233(3) of Schedule 2 to the Regulations. Given this development, the Tribunal concluded that the appropriate course was to remit the visa application to the Minister for reconsideration of the remaining criteria for the visa. The Tribunal directed that the applicant meets the criterion specified in cl.187.233(3).