Singh (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Temporary Residence Transition stream. The core dispute revolved around the refusal of the related position nomination. The decision was made by a Member of the Tribunal.

The Tribunal was required to determine whether the nomination for the position met the criteria set out in clause 186.223 of Schedule 2 to the Migration Regulations. This involved assessing whether the nominated position was the same as that declared in the visa application, whether the nominator was the prospective employer, if the nomination had been approved and not withdrawn, whether there was any adverse information concerning the nominator, if the position remained available, and if the visa application was lodged within six months of the nomination's approval.

The Tribunal reasoned that based on the evidence before it, including findings made in a previous nomination application, the requirements of clause 186.223 were satisfied. Specifically, the Tribunal found that the nominated position was consistent with the visa application, the nominator was the prospective employer, the nomination had been approved and remained available, and the visa application was lodged within the prescribed timeframe after the nomination approval.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the criteria specified in clause 186.223. The Minister was to consider the remaining criteria for the visa.