Singh (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, specifically the Temporary Residence Transition stream. The applicant sought to have a nomination approved by Quick N Fast Courier Pty Ltd for the position of Transport Company Manager (ANZSCO 149413) considered. The Tribunal, presided over by Karen McNamara, was required to determine whether the applicant met the criteria for this visa subclass, particularly in light of the refusal of the employer's nomination.

The central legal issue before the Tribunal was whether the applicant satisfied clause 186.223 of the Migration Regulations 1994. This clause requires, among other things, that the nomination for the position has been approved and has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval. The Tribunal specifically considered subclause 186.223(2), which mandates that the Minister must have approved the nomination.

The Tribunal reasoned that as the nomination made by Quick N Fast Courier Pty Ltd had been refused on 16 October 2020, the applicant could not satisfy clause 186.223(2). Consequently, the applicant failed to meet the requirements of clause 186.223 as a whole. The Tribunal had notified the applicants of its intention to affirm the decision, providing an opportunity to respond, and had granted an extension for this response. As the nomination was refused, the Tribunal concluded that the applicant did not meet the criteria for the Subclass 186 visa in the Temporary Residence Transition stream.

The Tribunal affirmed the decisions not to grant the applicants Employer Nomination (Permanent) (Class EN) visas.