Singh (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), specifically under the temporary residence transition stream. The applicant, Mr. Navdeep Singh, along with his family members, sought review of a decision to refuse his visa application. The core of the dispute revolved around the approval of the nominated position, which had initially been refused by the Department of Immigration and Border Protection but was subsequently set aside and approved by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.223(2) of Schedule 2 to the Migration Regulations 1994. This clause mandates that the nominated position must have been approved by the Minister, not subsequently withdrawn, and that there must be no adverse information known to Immigration concerning the nominator or associated persons, or that such information is reasonable to disregard. Additionally, the position must remain available to the applicant, and the visa application must have been lodged within six months of the nomination's approval.

The Tribunal found that the applicant satisfied clause 186.223(2) because the nominated position, which was for a Cook (ANZSCO 351411) by Oliver’s Twist Espresso Pty Ltd ATF Kovarik Family Trust No 2, had been approved by the Tribunal on review, overturning the Department's refusal. The Tribunal noted that the applications of the second and third applicants, who were family members, would be determined by the outcome of Mr. Singh's application. Consequently, the Tribunal remitted the visa applications for reconsideration by the Minister, directing that the first applicant, Mr. Singh, met the criteria under clause 186.223(2).