Singh (Migration)

This matter concerned an appeal by Mr. Singh (the applicant) against a decision of the Department of Immigration and Border Protection to refuse his Regional Employer Nomination (Permanent) visa (Subclass 187) under the Direct Entry stream. The core of the dispute revolved around whether the applicant's nominated position had been approved, a prerequisite for the visa.

The Tribunal was required to determine whether the applicant met the criteria for the Subclass 187 visa, specifically clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause mandates that the position to which the visa application relates must be the subject of an approved nomination, that the nominator must be the prospective employer, and that the nomination must not have been withdrawn and no adverse information should be known to the Department.

The Tribunal reasoned that while the employer's initial nomination application was refused by a delegate, the Administrative Appeals Tribunal (AAT) had subsequently set aside that decision and substituted its own decision approving the nominated position. The AAT found that the approved position was the same as that which was the subject of the relevant nomination application and the visa application declaration. Consequently, the Tribunal concluded that the applicant met the requirements of clause 187.233. The Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria, with a direction that the applicant satisfied clause 187.233.