Pardeep Singh (Migration)

This matter concerned an appeal by Pardeep Singh and other applicants against a decision to refuse them Employer Nomination (Permanent) (Class EN) visas, specifically under the Subclass 186 (Employer Nomination Scheme) Temporary Residence Transition stream. The primary dispute revolved around whether the nominated position of cook met the relevant legislative criteria for the visa.

The Tribunal was required to determine whether the nominated position satisfied the requirements of clause 186.223 of the Migration Regulations 1994. This included assessing whether there was an approved nomination for the position, if the nomination had been withdrawn, if there was any adverse information concerning the nominator, if the position remained available to the applicant, and if the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the delegate had found the nomination lodged by Brunelli No 2 Pty Ltd was refused on 8 June 2018, and no evidence of an approved nomination was presented to the Tribunal. Consequently, the Tribunal concluded that clause 186.223 was not met in respect of the first applicant. As the primary criteria for the visa were not satisfied, the secondary criteria for the remaining applicants also could not be met. The Tribunal affirmed the decision not to grant the Employer Nomination (Permanent) (Class EN) visas.