SINGH (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Transport Company Manager. The applicant sought review of a decision concerning their eligibility for the visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl.187.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines several criteria, including that the nominated position must be located in regional Australia, be the subject of an approved nomination that has not been withdrawn, and that the position must still be available to the applicant. Furthermore, for nominations made on or after 1 July 2017, the nomination must identify the applicant in relation to the position, and the visa application must be made no more than six months after the nomination was approved. The Tribunal also considered whether there was any adverse information known to Immigration about the nominator or associated persons.

The Tribunal found that the nominator was the entity that would employ the applicant, and that the nomination for the position of Company Transport Manager had been approved on 26 September 2022 and had not been withdrawn. The applicant was employed by the nominator, and the Tribunal was satisfied that the position remained available to the applicant. The visa application was made before the nomination was approved, meaning it was not made more than six months after approval. The Tribunal also noted it was not aware of any adverse information concerning the nominator or associated persons.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the criteria under cl.187.233 of Schedule 2 to the Regulations.