Singh (Migration)

This matter concerned a Regional Employer Nomination (Permanent) (Class RN) visa application, specifically under the Subclass 187 Direct Entry stream for a Retail Manager. The applicant relied on a nomination approved by the Administrative Appeals Tribunal (AAT). The core dispute before the AAT was whether the employer's nomination had been approved and whether the nominated position met the relevant regulatory requirements.

The AAT was required to determine if the nominated position was the subject of an approved nomination application under the relevant regulations, specifically considering the requirements for Direct Entry nominations in regional Australia. This included assessing whether the nominator was the prospective employer, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator or associated persons, and if the position remained available to the applicant within the prescribed timeframe after nomination approval.

The AAT reasoned that it had previously set aside the Department's refusal of the employer's nomination and substituted a decision approving the appointment for the Retail Manager position. Based on the evidence presented, the Tribunal was satisfied that this approved position was the same as that which formed the basis of the relevant nomination application and the visa application declaration. Consequently, the Tribunal found that the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations.

Given these findings, the AAT remitted the visa applications for reconsideration by the Minister, with a direction that the first applicant met the criteria specified in clause 187.233 for a Subclass 187 visa.