Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 Regional Sponsored Migration Scheme, Direct Entry stream, for the position of Motor Mechanic. The decision was made by Angela Julian-Armitage, a Member of the Tribunal. The primary dispute revolved around whether the visa application was supported by an approved nomination that met the relevant legislative criteria.

The Tribunal was required to determine if the applicant's visa application was supported by an approved nomination that satisfied clause 187.233 of Schedule 2 to the Migration Regulations. This clause outlines several requirements, including that the nominated position must be located in regional Australia, the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, there must be no adverse information known to Immigration about the nominator or associated persons (or such information must be reasonably disregarded), the position must remain available to the applicant, and the visa application must have been lodged within six months of the nomination's approval.

The Tribunal found that the applicant was employed by a person who held an approved nomination dated 13 October 2023. It was also satisfied that no adverse information was known to Immigration concerning the nominator or associated persons, that the position remained available and was vital to the business, and that the other requirements of clause 187.233 were met. Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, directing that the first applicant met the criteria under clause 187.233. The Tribunal also noted it lacked jurisdiction to review the application for the secondary applicant.