Singh (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 Temporary Residence Transition stream. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant was the subject of an approved nomination pursuant to clause 186.223 of the Migration Regulations. This clause requires, among other things, that the nominated position is still available to the applicant, the nomination has been approved and not withdrawn, and there is no adverse information known to Immigration about the nominator or associated persons, or such information can be disregarded.

The Tribunal found that the nomination application, made by Z Industries Pty Ltd for a Transport Company Manager position for the first applicant, had been approved on 17 June 2020 and had not been withdrawn. It was further satisfied that the position remained available to the applicant, and that the visa application was made within six months of the nomination's approval. The Tribunal also confirmed that the criteria regarding adverse information were met. Consequently, the Tribunal concluded that clause 186.223 was satisfied for the first applicant.

Given these findings, the Tribunal remitted the visa applications for reconsideration by the Minister, directing that the first named applicant met the criteria under clause 186.223. The applications of the second and third named applicants, who were family members, were to be reconsidered in light of the first applicant satisfying the primary criteria.