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, for a Café or Restaurant 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 was the subject of an approved nomination. This required the Tribunal to consider whether the nominator had demonstrated sufficient financial capacity to meet the requirement of providing the applicant with at least two years of full-time employment at a base salary of $55,000 per annum.

The Tribunal considered extensive material provided by the nominator, including financial statements, company extracts, an organisation chart, job descriptions, an employment contract, and other supporting documents. While the delegate had initially been unsatisfied with the nominator's financial capacity, the Tribunal noted the business's trading income and net profit figures for recent financial years, the established structure of the business, and evidence of the applicant's long-term management role. The Tribunal concluded that the matter should be remitted for reconsideration, with a direction that the applicant met specific criteria related to the nominated position and the nominator.