Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for the position of Agricultural Technician. The applicant, Mr. Singh, was nominated by Greenview Farm Pty Ltd. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nomination made by Greenview Farm Pty Ltd for the applicant's position as an Agricultural Technician had been approved and met all the stipulated criteria under clause 187.233. This clause requires, among other things, that the nominated position be located in regional Australia, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information known to the Department about the nominator or associated persons (or such information is reasonable to disregard), that the position remains available to the applicant, and that the visa application was lodged within six months of the nomination's approval.

The Tribunal found that while a delegate of the Minister had initially refused the nomination application, this decision was subsequently set aside by the Tribunal on 13 March 2019, and a decision to approve the nomination was substituted. The Tribunal was satisfied that the nomination had not been withdrawn, the applicant was currently employed by Greenview Farm Pty Ltd, and the position remained available. Furthermore, the Tribunal was satisfied that the visa application was made within the six-month timeframe following the nomination's approval and that no adverse information concerning the nominator was known or required to be disregarded.

Consequently, the Tribunal concluded that the applicant met the criteria under clause 187.233 of Schedule 2 to the Regulations. The Tribunal therefore remitted the visa application to the Minister for reconsideration of the remaining criteria for the grant of the visa.