NIRANJAN SINGH (Migration)

This matter concerned an appeal by Niranjan Singh (the secondary applicant) regarding a Subclass 186 (Employer Nomination Scheme) visa, specifically the Temporary Residence Transition stream. The primary applicant was Prabhdeep Kaur Niranjah Singh. The core of the dispute revolved around whether the applicants met the requirements for the visa, particularly concerning an approved nomination.

The legal issue before the Tribunal was to determine if the applicants satisfied the relevant criteria for the Subclass 186 visa, specifically cl.186.233(3) and cl.186.311 of Schedule 2 to the Regulations. This involved assessing whether the primary applicant was the subject of an approved nomination and whether the secondary applicant, as a member of the family unit, met the associated criteria.

The Tribunal found that on 10 May 2018, the nomination of Prabhdeep Kaur Niranjah Singh by her employer, Gowanbrae Foods Pty Ltd, was approved. This approval meant that the primary applicant now met cl.186.233(3) of the Regulations. Consequently, as a member of the family unit, the secondary applicant, Niranjan Singh Khehra, also satisfied cl.186.311.

Based on these findings, the Tribunal remitted the visa applications to the Minister for reconsideration, with the direction that the first and second named applicants respectively met cl.186.233(3) and cl.186.311 of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the visa.