Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a Motor Mechanic. The applicant's employer, Fyans Street Panels Pty Ltd, had made a nomination which was initially refused by the Department. The employer sought review of this refusal. The Tribunal, presided over by Susan Reece Jones, was required to determine whether the relevant nomination had been approved as required by clause 187.233 of the Migration Regulations.

The central legal issue was whether the nomination met the criteria outlined in clause 187.233, which stipulated, among other things, that the nominated position must be located in regional Australia, the nominator must be the intended employer, the nomination must have been approved and not withdrawn, there must be no adverse information known to Immigration (or such information must be disregarded), the position must remain available, and the visa application must be made within six months of the nomination's approval. The Tribunal specifically considered whether the applicant was identified in the nomination application and whether the nomination had been approved.

The Tribunal reasoned that the employer's nomination, which had been refused by the Department, was subsequently reviewed. On 9 November 2022, the Tribunal set aside the Department's refusal and substituted a decision approving the nomination. As the nomination was now approved and the applicant met the requirements of clause 187.233(2), the Tribunal found that the first named applicant satisfied this criterion. Consequently, the Tribunal remitted the visa application for reconsideration of the remaining criteria for the first named applicant, and a full reconsideration of the applications for the second and third named visa applicants.