Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, Direct Entry stream, for a Retail Manager position. The applicant, Mr. Singh, had his employer's nomination application initially refused by the Department. The employer, Supermarket Lakes Entrance Pty Ltd, sought merits review of this decision before the Tribunal. The Tribunal, constituted by Sheridan Aster, considered the employer's nomination and the applicant's visa application.

The primary legal issue before the Tribunal was whether the requirements of clause 187.233 of the Migration Regulations 1994 were met. This clause outlines specific criteria for a nominated position in the Direct Entry stream, including that the position must be located in regional Australia, be the subject of an approved nomination that has not been withdrawn, that the nominator is the prospective employer, that there is no adverse information known to Immigration, that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that all the requirements of clause 187.233 were satisfied. Specifically, it noted that the position of Retail Manager at Foodworks in Lakes Entrance, Victoria, was in regional Australia, the nomination had been approved by the Tribunal on 15 June 2023 and not withdrawn, Supermarket Lakes Entrance Pty Ltd was the nominator and prospective employer, no adverse information was known to Immigration, the position remained available to the applicant, and the visa application was lodged within the prescribed timeframe after the nomination approval. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, directing that the applicant meets the requirements of clause 187.233.