Singh (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Temporary Residence Transition stream, for a position as a Chef. The applicant sought review of a decision not to grant the visa. The Tribunal, constituted by Cathrine Burnett-Wake, was required to determine whether the applicant had met the relevant criteria for the visa.

The central legal issue before the Tribunal was whether there was an approved nomination for the position of Chef that satisfied the requirements of clause 186.223 of the Migration Regulations 1994. This clause, as applicable, stipulated that the position must be the subject of an approved nomination identifying the visa applicant, and that the nomination must have been approved and not subsequently withdrawn. Further requirements included the absence of adverse information concerning the nominator or associated persons, the continued availability of the position, and that the visa application was made within six months of the nomination's approval.

The Tribunal's reasoning focused on the evidence before it, which indicated that there was no approved nomination for the applicant's occupation. Consequently, the Tribunal concluded that clause 186.223 was not met. As the applicant 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.