Singh (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 186 Employer Nomination Scheme visa, Temporary Residence Transition stream, in relation to a position as a Cook. The applicant, Mr. Mandhir Singh, was the subject of an approved nomination. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically clause 186.223, which pertains to the approval of the nomination.

The central legal issue before the Tribunal was whether the nomination for the Cook position had been approved and remained valid for the purpose of the visa application. Clause 186.223 requires that the position be the subject of an approved nomination that has not been withdrawn, that there is no adverse information known to the Department, that the position remains available, and that the visa application was made within six months of the nomination's approval. The Tribunal also considered whether the applicant had responded to an invitation to comment on information that would form the basis of affirming the decision.

The Tribunal noted that the nominator's application to have the position of Cook approved with Mr. Singh as the nominee was initially refused. This refusal was affirmed by the Tribunal on 1 June 2020. Subsequently, on 4 June 2020, the Tribunal invited the applicant to respond to this information, which indicated that the nomination had not been approved. The Tribunal observed that no response was received from the applicant by the deadline of 18 June 2020.

Consequently, the Tribunal concluded that the applicant did not meet the requirement of clause 186.223(2) that the nomination be approved. As a result, the Tribunal affirmed the decision under review.