SINGH (Migration)

This matter concerned an appeal before the Tribunal regarding a Subclass 187 (Regional Sponsored Migration Scheme) visa application under the Temporary Residence Transition stream. The applicant sought review of a decision that had refused their visa application. The core of the dispute revolved around whether the nomination for the applicant's position as a Fleet Manager had been approved and met the relevant legislative criteria.

The Tribunal was required to determine whether the nomination for the Fleet Manager position satisfied clause 187.223 of Schedule 2 to the Migration Regulations. This involved assessing whether the nominated position was the same as that subject to the nomination application and the visa application declaration, whether the nominator was the intended employer, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator, if the position remained available to the applicant, and if the visa application was lodged within six months of the nomination approval.

The Tribunal found that the approved position was indeed the same as that in the nomination application and the visa application declaration, satisfying clause 187.223(1). It also concluded that the nominator was the intended employer and that the nomination had been approved and not withdrawn, meeting clauses 187.223(2) and (3). Furthermore, the Tribunal was satisfied that the position remained available to the applicant and that the visa application was made within the prescribed timeframe after nomination approval, thus meeting clauses 187.223(4) and (5). The Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the criteria specified in clause 187.223.