Singh (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, Temporary Residence Transition stream, made by Mr. Singh. The dispute arose after the initial nomination lodged by Swallows Trading Pty Ltd ATF Swallows Trading Unit Trust was refused by a delegate of the Minister. Mr. Singh sought review of this refusal before the Tribunal.

The primary legal issue before the Tribunal was whether the position to which Mr. Singh's application related was the subject of an approved nomination, as required by clause 186.223 of the Migration Regulations. This clause mandates that the nomination must have been approved and not subsequently withdrawn, that there be no adverse information known to Immigration concerning the nominator or associated persons (or such information must be reasonable to disregard), and crucially, that the position remains available to the applicant.

The Tribunal reasoned that on 30 April 2021, it had set aside the original refusal decision and substituted a new decision approving the nomination. Consequently, the Tribunal found that the nomination was indeed approved and had not been withdrawn. It further concluded that clause 186.223 was met, specifically finding that the position to which the application related was the subject of an approved nomination.

The Tribunal remitted the visa application to the Minister for reconsideration, with a direction that Mr. Singh met the criteria under clause 186.223 of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the grant of the Subclass 186 visa.