SINGH (Migration)

This matter concerned a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a Retail Manager (General). The applicant sought review of a decision to refuse the visa. The Tribunal was required to determine whether the nomination for the position had been approved, as this was a key criterion for the visa.

The Tribunal considered clause 187.233 of the Migration Regulations 1994, which outlines the requirements for a nominated position. This clause mandates that the position must be located in regional Australia, be the subject of an approved nomination, and in cases where the nomination was made on or after 1 July 2017, identify the applicant in relation to the position. Further requirements include that the employer must be the nominator, the nomination must have been approved and not withdrawn, there must be no adverse information known to Immigration, the position must remain available, and the visa application must be made within six months of the nomination approval.

The Tribunal found that the approved position was the same as that which was the subject of the relevant nomination application and the visa application declaration, thus satisfying clause 187.233(1). It also found that the employer was the nominator, meeting clause 187.233(2). Crucially, in light of its previous approval of the appointment under regulation 5.19(4), the Tribunal concluded that the visa applicant now met the requirements of clause 187.233(3), which pertains to the Minister's approval of the nomination.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant satisfies the criteria specified in clause 187.233. The Minister was to consider the remaining criteria for the visa.