Singh (Migration)

This matter concerned an appeal by Mr. Singh regarding a Subclass 186 Employer Nomination Scheme visa, specifically within the Temporary Residence Transition stream. The Administrative Appeals Tribunal (AAT) was tasked with reviewing a decision concerning the approval of the nomination for Mr. Singh's visa. The core of the dispute revolved around whether Mr. Singh met several key criteria for the visa, including employment provision, age, English language proficiency, and the nomination of a suitable position.

The Tribunal was required to determine if Mr. Singh met the requirements of clauses 186.212, 186.212A, 186.221, 186.222, and 186.223 of Schedule 2 to the Migration Regulations. These clauses relate to whether the nominated position would provide the applicant with employment, whether the applicant had engaged in conduct contravening certain provisions of the Act concerning sponsorship-related events, whether the applicant met the age requirements at the time of application, and whether the applicant possessed the required English language proficiency. The Tribunal also had to consider the nomination of the position itself, as detailed in Attachment A.

The Tribunal found that Mr. Singh met the criteria for employment provision (cl.186.212) and had not engaged in conduct contravening sponsorship-related provisions (cl.186.212A), as there was no evidence to suggest otherwise. Regarding age, the Tribunal was satisfied, based on his passport, that Mr. Singh was born on 11 March 1987 and therefore met the age requirement of not having turned 50 at the time of his application, which was made before 18 March 2018 (cl.186.221). Furthermore, Mr. Singh demonstrated competent English language proficiency by achieving a score of 50 or above in each section of the Pearson Test of English Academic taken on 11 September 2017, within three years of his visa application (cl.186.222). The Tribunal also considered the nomination of the position, referencing the details in Attachment A, and was satisfied that this criterion was met.

Consequently, the Tribunal set aside the original nomination decision and substituted a decision approving the nomination. The matter was remitted to the Minister for reconsideration of the remaining visa criteria, with the direction that Mr. Singh had met the specified clauses.