Singh (Migration)

This matter concerned an application for a Subclass 186 Employer Nomination (Permanent) (Class EN) visa, specifically under the Temporary Residence Transition stream. The applicant sought review of a decision not to grant the visa. The Tribunal was required to determine whether the applicant met the requirements of clause 186.223 of the Migration Regulations 1994.

The central legal issue was whether the nominated position, which was the subject of the visa application, had been approved by the Minister and remained available to the applicant. Clause 186.223 requires, among other things, that the nomination has been approved and not subsequently withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons, and that the position is still available to the applicant. The applicant also contended that delays in the Tribunal's process had disadvantaged both the nominator and himself, as the nominator's business had ceased operating due to the COVID-19 pandemic.

The Tribunal found that the application for approval of the nominated position was refused by a delegate of the Minister on 9 August 2018. While the nominator sought review of this decision, the Tribunal ultimately found it lacked jurisdiction to review the delegate's decision because the nominator company had been deregistered. Consequently, the nomination for the position was not approved. The Tribunal acknowledged the applicant's personal circumstances and the delays experienced, but concluded that the failure to secure an approved nomination meant the applicant did not satisfy the primary criteria for the visa. The Tribunal affirmed the decision not to grant the visa.