Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicants sought review of a decision concerning the nominated position of Marketing Specialist (ANZSCO 225113). The Tribunal, constituted by Stavros Georgiadis, was required to determine whether the visa applicants met the criteria for the grant of the Subclass 187 visa, specifically focusing on the nomination requirements under clause 187.233 of the Regulations.

The Tribunal considered whether the nominated position was the same as that for which the visa application was made, whether the employer was the nominator, if the nomination had been approved and not withdrawn, and if there was any adverse information concerning the nominator. It also examined whether the position remained available to the applicant and if the visa application was made within six months of the nomination's approval. The Tribunal found that the applicants met clause 187.233(1) as the nominated position was Marketing Specialist (ANZSCO 225113), the same as that nominated by the employer sponsor, Sam Mills Pty Ltd. The Tribunal was satisfied that Sam Mills Pty Ltd was the employer who would employ the applicant, and that the nomination had been approved and not withdrawn. Furthermore, the Tribunal accepted oral evidence that the position remained available and that the visa application, made on 30 August 2016, was within six months of the nomination approval on 26 April 2018.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria for all applicants. The Tribunal directed that the first named applicant met the criteria under clause 187.233 of Schedule 2 to the Regulations.