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 that their nomination had not been approved. The Tribunal was required to determine whether the nomination for the position met the relevant criteria under clause 187.233 of the Migration Regulations.

The Tribunal considered the requirements of clause 187.233, which stipulated that the nominated position must be located in regional Australia, be the subject of an approved nomination, and that the nominator must be the prospective employer. Additionally, the nomination must not have been withdrawn, there must be no adverse information known to Immigration, the position must remain available, and the visa application must be lodged within six months of the nomination's approval. The Tribunal found that the position nominated was the same as that declared in the visa application and that the nominator was indeed the prospective employer.

Based on its previous findings in a related nomination application, the Tribunal concluded that the visa applicant now met the requirements of clause 187.233. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant satisfied clause 187.233.