Singh (Migration)

This matter concerned an application for a Subclass 186 (Employer Nomination Scheme) visa, Temporary Residence Transition stream, before the Migration and Refugee Division of the Administrative Appeals Tribunal. The applicant sought review of a decision to refuse their visa application.

The Tribunal was required to determine whether the applicant met the criteria for the grant of a Subclass 186 visa, specifically focusing on clause 186.233 which mandates that the position to which the application relates must be the subject of an approved nomination that has not been subsequently withdrawn. The Tribunal also considered whether the applicant had been afforded a proper opportunity to respond to information that suggested the nomination had not been approved.

The Tribunal noted that the Department of Home Affairs had refused the applicant's nomination on 14 December 2017, and that the Tribunal itself had affirmed this refusal on 17 July 2020. Consequently, the relevant nomination had not been approved, and therefore, the applicant did not meet the requirement of clause 186.233. The Tribunal had invited the applicant to comment on this information, but ultimately found that the criteria for the visa had not been satisfied.

The Tribunal affirmed the decision not to grant the applicant the Employer Nomination (Permanent) (Class EN) visa.