Singh (Migration)

This matter concerned an appeal by a visa applicant regarding a Subclass 187 (Regional Sponsored Migration Scheme) visa, specifically under the Direct Entry stream. The core dispute revolved around whether the applicant's nominated position had been approved, a prerequisite for the visa. The Administrative Appeals Tribunal (AAT) was tasked with determining the validity of the nomination.

The Tribunal was required to ascertain whether the nominated position met the requirements of clause 187.233 of the Migration Regulations. This involved determining if the position was correctly nominated, if the employer was the nominator, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator or associated persons, if the position remained available, and if the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the nominated position, that of Retail Manager (General), was the same as that subject to the relevant nomination application and the visa application declaration, thus satisfying subclause 187.233(1). It also found that the employer was the nominator, meeting subclause 187.233(2). Crucially, given the Tribunal's prior decision to approve the appointment under regulation 5.19(4), it concluded that the visa applicant now met the requirements of subclause 187.233(3).

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant had satisfied the requirements of clause 187.233.