Singh (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, specifically within the Temporary Residence Transition stream. The applicant sought review of a decision not to grant this visa. The Tribunal, constituted by Member Amanda Mendes Da Costa, was tasked with determining whether the applicant met the relevant criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause outlines the requirements for a nominated position in the Temporary Residence Transition stream, including that the position must be the subject of an approved nomination identifying the visa applicant, that the nomination must not have been withdrawn, that there must be no adverse information concerning the nominator or associated persons, that the position must remain available, and that the visa application must be made within six months of the nomination's approval.

The Tribunal found that the applicant had not demonstrated that they were the subject of an approved nomination as required by clause 186.223. Based on the evidence presented, the Tribunal was not satisfied that this essential criterion had been met. As the applicant had only sought to satisfy the requirements for the Temporary Residence Transition stream and had failed to meet those requirements, the Tribunal concluded that the decision under review, which refused the visa, should be affirmed.