Singh (Migration)

This matter concerned an application for a Subclass 187 Regional Sponsored Migration Scheme visa, Direct Entry stream, for the position of Retail Manager. The applicant's nomination for this position was approved upon review by the Tribunal. The decision under review was made by the Tribunal, with Member Mark Bishop presiding.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 187 visa, specifically clause 187.233 of Schedule 2 to the Regulations, which pertains to the nomination of a position in regional Australia. This clause requires, among other things, that the nominated position be approved, not withdrawn, still available, and that the visa application be made within six months of the nomination's approval. The Tribunal also considered clause 187.311 for the second named applicants.

The Tribunal found that the nomination for the applicant's position, made by Armaan Enterprises Pty Ltd ATF Haroop Family Trust, had been approved on 21 October 2019. This approval meant that the applicant now met the requirements of clause 187.233. Consequently, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining criteria. The Tribunal directed that the first named applicant met clause 187.233 and the second named applicants met clause 187.311.