Singh (Migration)

Case

[2018] AATA 3749

3 July 2018


Details
AGLC Case Decision Date
Singh (Migration) [2018] AATA 3749 [2018] AATA 3749 3 July 2018

CaseChat Overview and Summary

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry Nomination stream. The applicant, Mr Robinjt Singh, had his employer's nomination approved by the Tribunal. The decision under review was made by the Tribunal, with Member Mark Bishop presiding.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the visa, particularly in light of the approved employer nomination. The Tribunal was required to determine which specific criteria of the Subclass 187 visa had been satisfied by the applicant.

The Tribunal found that the applicant, Mr Singh, met criterion cl.187.233(3) of Schedule 2 to the Regulations, as his employer's nomination had been approved by the Tribunal in July 2018. Having satisfied this particular criterion, the Tribunal concluded that the appropriate course of action was to remit the visa application to the Minister for reconsideration, to allow for the assessment of the remaining criteria for the visa.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Remedies

  • Judicial Review

  • Procedural Fairness

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