Singh (Migration)

This matter concerned an appeal before the Migration Review Tribunal regarding a Subclass 187 Regional Sponsored Migration Scheme visa application. The visa applicant sought review of the Department's decision to refuse their application. The core dispute revolved around whether the nomination for the applicant's position had been approved, a crucial criterion for the visa.

The Tribunal was required to determine whether the nomination for the position of Retail Manager (General) met the requirements of clause 187.233 of Schedule 2 to the relevant regulations. This involved assessing whether the nominated position was the same as that declared in the visa application, whether the employer was the nominator, and crucially, whether the nomination had been approved and not subsequently withdrawn. The Tribunal also needed to consider whether there was any adverse information concerning the nominator or associated persons, and if the position remained available to the applicant within the prescribed timeframe.

The Tribunal found that the nominated position was indeed the same as that declared in the visa application and that the employer was the nominator. Critically, the Tribunal relied on its previous decision to approve the appointment for the position, thereby satisfying the requirement that the nomination had been approved. Consequently, the Tribunal concluded that the visa applicant met the requirements of clause 187.233.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the applicant be considered to have met the requirements of clause 187.233 of Schedule 2 to the Regulations.