Singh (Migration)

The applicant, Mr Singh, sought judicial review of a decision made by the delegate of the Minister for Immigration and Border Protection concerning his application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream. The delegate had refused Mr Singh's visa application.

The primary legal issue before the Federal Circuit Court was whether the delegate had erred in law when assessing the applicant's eligibility for the visa, particularly in relation to the requirements of the approved nomination. The court was required to determine if the delegate had properly considered all relevant factors and applied the correct legal principles in reaching their decision.

Her Honour Susan Reece Jones found that the delegate had made an error of law in the assessment of the applicant's eligibility. The court reasoned that the delegate had failed to properly consider the evidence before them regarding the applicant's role as a cook and the nature of the employment offered, which was central to the approved nomination. Consequently, the court remitted the matter back to the delegate for reconsideration according to law.