Ranjit Singh (Migration)

This matter concerned an application by Mr Ranjit Singh for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Temporary Residence Transition stream of Subclass 186. The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Singh met the criteria for this visa.

The primary legal issue before the Tribunal was whether the nomination application made by Mr Singh's employer for the position of Fleet Manager had been approved, as required by clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause stipulates that the position must be the subject of an approved nomination that has not been withdrawn, among other conditions.

The Tribunal reasoned that the employer's nomination application had been refused by the Department of Immigration. Consequently, the Tribunal found it had no jurisdiction to review that refusal. As the nomination had not been approved, Mr Singh could not satisfy the criterion under clause 186.223(2) of the Regulations. Since Mr Singh had only sought to satisfy the criteria for the Temporary Residence Transition stream and had failed to meet a fundamental requirement, the Tribunal affirmed the decision not to grant the visa.