Sukhandeep 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 the occupation of Café or Restaurant Manager. The applicant's visa application had been refused following the refusal of a nomination by the employer, Lifestyle Grand Pty Ltd. The Administrative Appeals Tribunal (AAT), constituted by Member Karen McNamara, was reviewing the decision not to approve the nomination.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl.187.233(3) of Schedule 2 to the Migration Regulations 1994. This clause outlines several conditions related to the nominated position, including that the position must be located in regional Australia, be the subject of an approved nomination that has not been withdrawn, and that the applicant must be identified in relation to the position if the nomination was made on or after 1 July 2017. It also requires that the prospective employer be the nominator, that there be no adverse information known to the Department about the nominator or associated persons, that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nominated employer, Lifestyle Grand Pty Ltd, had initially had its nomination refused by the Department. However, following a review by the AAT, the Department's decision was set aside, and the nomination was approved under r.5.19 of the Regulations on 23 September 2022. Consequently, the Tribunal concluded that the applicant satisfied cl.187.233(3).

Given this finding, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the applicant meets cl.187.233(3) of Schedule 2 to the Regulations.