Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Temporary Residence Transition stream. The applicant's employer, Doaba Transport Pty Ltd, had its nomination application for the position of Fleet Manager in Geelong, Victoria, initially refused by a delegate of the Minister. However, the Administrative Appeals Tribunal (the Tribunal) had previously set aside this refusal and substituted it with a decision approving the nomination. The current proceedings involved the Tribunal's reconsideration of the visa application itself.

The primary legal issue before the Tribunal was whether the applicant met criterion 187.223 of Schedule 2 to the Migration Regulations 1994. This criterion requires, among other things, that the nominated position is located in regional Australia, is still available to the applicant, and that the visa application was made no more than six months after the nomination was approved. The Tribunal also considered whether the nomination had been approved and not subsequently withdrawn, and whether there was any adverse information known to Immigration about the nominator or associated persons, or if such information could be disregarded.

The Tribunal reasoned that the nominated position of Fleet Manager in Geelong, Victoria, met the definition of regional Australia and remained available to the applicant. It was also established that Doaba Transport Pty Ltd had made the nomination and would employ the nominee. Crucially, the Tribunal found that the nomination had been approved and not withdrawn, and that no adverse information was present on departmental or Tribunal records. Furthermore, the visa application was lodged only two days after the nomination was approved, satisfying the time limit requirement. Consequently, the Tribunal concluded that criterion 187.223 was met.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant had met criterion 187.223. The Minister was to consider the remaining criteria for the grant of the visa.