Singh (Migration)

The Administrative Appeals Tribunal considered the case of Mr Singh, who sought review of a decision concerning his application for a Subclass 186 Employer Nomination (Permanent) visa, Temporary Residence Transition stream, for the position of Motor Mechanic (General). The core dispute revolved around whether there had been an approved nomination for the position.

The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically whether the nomination for the position of Motor Mechanic (General) had been approved and had not been subsequently withdrawn. This involved examining the requirements of Clause 186.223, which mandates an approved nomination that identifies the visa applicant, and considering whether any adverse information was known to the Department about the nominator or associated persons. The Tribunal also had to consider if the position remained available to the applicant and if the visa application was lodged within six months of the nomination's approval.

The Tribunal's reasoning focused on the status of the nomination application. Departmental records indicated that the nominator applied to have the position of Motor Mechanic (General) approved with Mr Singh as the nominee on 29 June 2017. This nomination application was refused on 5 June 2018, and a subsequent review by the Tribunal on 21 September 2020 affirmed the decision not to grant the nomination. Despite an error in the recording of the nominator's name in one departmental document, the Tribunal found that the correct nominator, identified by a specific Transaction Reference Number, was J and K Bown Pty Ltd as trustee for the Bown Family Trust. Crucially, the Tribunal concluded that the nomination application had been refused and this refusal was affirmed on review, meaning the requirement for an approved nomination was not met.

Consequently, the Tribunal affirmed the decision under review, finding that the applicant had not satisfied the criterion requiring an approved nomination for the visa.