Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically a Subclass 187 (Regional Sponsored Migration Scheme) visa under the direct entry stream, for a position as a café or restaurant manager. The applicant sought review of a decision concerning the approval of their nomination. The Tribunal was required to determine whether the applicant had an approved nomination for a position that remained available to them.

The central legal issue before the Tribunal was the interpretation and application of clause 187.233 of Schedule 2 to the Migration Regulations. This clause outlines the requirements for a nominated position in the Direct Entry stream, including that the position must be located in regional Australia, identified in the nomination application, and that the nominator must be the prospective employer. Crucially, the clause also requires that the nomination has been approved, not withdrawn, that there is no adverse information known to the Department about the nominator or associated persons (or such information is reasonable to disregard), and that the position remains available to the applicant.

The Tribunal found that the applicant was employed by the Trustee for Saiansh Trust and that the position of café or restaurant manager was still available. After reviewing departmental and tribunal files, the Tribunal was satisfied that there was no adverse information concerning the nominator or any associated persons. Consequently, the Tribunal concluded that clause 187.233 of Schedule 2 to the Regulations was met. The Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria for the visa.