Gill (Migration)

This matter concerned an application for review by Mr Satinder Paul Singh Gill of a decision by a delegate of the Minister for Home Affairs to refuse him an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), under the Temporary Residence Transition stream. The applicant's wife and son were secondary applicants. The applicant was in immigration detention at the time of the decision, and their review applications had been separated.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl 186.223(2) of Schedule 2 to the Migration Regulations 1994. This clause requires that the nominated position be the subject of an approved nomination that has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available to the applicant, and that the visa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 reasoned that the applicant could not satisfy cl 186.223(2) because the nomination lodged by Mannu Total Skills Pty Ltd for the position of Motor Mechanic (General) had been refused by a delegate and this refusal was affirmed on review by the Tribunal on 1 May 2020. Furthermore, Mannu Total Skills Pty Ltd had been deregistered as a company on 21 September 2020. The Tribunal explained to the applicant that the absence of an approved nomination meant he did not meet a mandatory criterion for the visa, and that it had no discretion to overlook this requirement. The Tribunal affirmed the delegate's decision to refuse the visa.