Singh (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 (Employer Nomination Scheme) through the Temporary Residence Transition stream. The applicant sought review of a decision concerning the nomination for a Customer Service Manager position.

The Tribunal was required to determine whether the applicant met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause outlines several conditions for the approval of an employer nomination, including that the nominated position must be the subject of an approved nomination that has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal noted that the applicant's employer nomination had initially been refused by the Department. However, following a review application, the Tribunal had previously set aside that refusal and substituted a decision approving the nomination. As a result, the Tribunal found that the first named applicant met the requirements of cl.186.223(2) of the Regulations.

Consequently, the Tribunal remitted the visa applications for reconsideration. The direction was that the first named applicant satisfied criterion cl.186.223(2), and the remaining criteria for that applicant, as well as all criteria for the second named applicant, were to be reconsidered by the Minister.