Singh (Migration)

This matter concerned an appeal by Mr. Singh (the applicant) regarding a Subclass 187 (Regional Sponsored Migration Scheme) visa. The core dispute revolved around the approval of the nomination for the visa, which had initially been refused by a delegate of the Minister but was subsequently approved by the Administrative Appeals Tribunal (AAT). The AAT's decision was made following the submission of new evidence by the nominating sponsor, Life Style Grand Pty Ltd (trading as Mildura Grand), detailing the operation of their motel and conference centre in Mildura and the nominated position of cook.

The legal issue before the court was whether the AAT had erred in its decision to remit the visa application back to the Minister for reconsideration with a direction that the applicant met a specific criterion, namely clause 187.233 of Schedule 2 to the Migration Regulations. This criterion relates to the requirements for an approved nomination for a Subclass 187 visa.

The Tribunal's reasoning was based on the substantial evidence provided by the nominating sponsor. This evidence demonstrated that Mildura Grand was a significant business in Mildura, employing staff and servicing a diverse clientele. Crucially, the Tribunal was satisfied that the nominated position of cook was genuine and necessary, with the incumbent cook working within a team and contributing to the business's food service operations. The Tribunal also considered the nominee's employment contract, commitment to future employment, and the scarcity of available cooks in the region, all of which supported the validity of the nomination.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, directing that the applicant met the criteria under clause 187.233 of Schedule 2 to the Regulations.