Uday Partap Singh (Migration)

The Administrative Appeals Tribunal considered the matter of Uday Partap Singh concerning an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), under the direct entry stream. The dispute centred on the refusal of a related position nomination, which had been set aside on review by the Tribunal.

The primary legal issue before the Tribunal was whether the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994 were met. This clause mandates that the nominated position must be located in regional Australia, be the subject of an approved nomination application, and, for nominations made on or after 1 July 2017, identify the applicant in relation to the position. Further requirements include that the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, there must be no adverse information known to the Department or such information must be disregarded, the position must remain available, and the visa application must be lodged within six months of the nomination's approval.

The Tribunal reasoned that the applicant's nominator, V & B Holdings Pty Ltd, had applied to have the position of Cook approved with the applicant as nominee on 11 May 2016. Although this nomination was initially refused on 13 March 2018, V & B Holdings Pty Ltd sought review. On 1 June 2020, the Tribunal set aside the Department's refusal and substituted a decision approving the nomination. Consequently, the Tribunal concluded that clause 187.233 was satisfied.

Given that clause 187.233 was met, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the applicant meets criterion 187.233(3) of Schedule 2 to the Regulations.