Singh (Migration)

Case

[2017] AATA 166

1 February 2017


Details
AGLC Case Decision Date
Singh (Migration) [2017] AATA 166 [2017] AATA 166 1 February 2017

CaseChat Overview and Summary

The applicant, Mr. Singh, sought review of a decision concerning his application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), under the Direct Entry stream. The nominated position was that of a Cook, and the employer's nomination had been approved and not withdrawn.

The primary legal issue before the Tribunal was whether Mr. Singh met the requirements of clause 187.233 of Schedule 2 to the *Migration Regulations 1994* (Cth). This clause pertains to the criteria for the nominated occupation within the Subclass 187 visa.

The Tribunal, constituted by Marten Kennedy, found that the requirements of clause 187.233 were satisfied in Mr. Singh's circumstances. Consequently, the Tribunal remitted the applications to the Department for reconsideration with a direction that the applicant meets the specified criteria.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Remedies

  • Procedural Fairness

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