Kunwar Jaskaran Singh (Migration)

This matter concerned an application for a Subclass 186 Employer Nomination Scheme visa, Direct Entry stream, by Kunwar Jaskaran Singh. The applicant sought review of a decision by the Administrative Appeals Tribunal (the Tribunal) which affirmed the decision not to grant the visa. The Tribunal considered the applicant's claims and the evidence before it.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994, specifically concerning the approval of a nomination for the position. Clause 187.233 outlines several criteria, including that the nomination must have been approved by the Minister and not subsequently withdrawn, and that the visa application must be made within six months of the nomination's approval.

The Tribunal found that the nomination for the position in question had been withdrawn on 1 March 2019. Consequently, there was no approved nomination at the time of the visa application, meaning the applicant failed to satisfy clause 187.233(3) and, by extension, the entirety of clause 187.233. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had not met these essential requirements, the Tribunal affirmed the decision not to grant the visa.