Singh (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 (Employer Nomination Scheme) visa under the Temporary Residence Transition stream. The applicant sought review of a decision by the Department of Home Affairs to refuse to approve a nomination for the position of Cook. The Administrative Appeals Tribunal, constituted by Susan Trotter, was required to determine whether the nomination for the position met the relevant criteria.

The central legal issue before the Tribunal was whether the nomination for the position of Cook, in relation to the applicant, had been approved. This involved an examination of clause 186.223(2) of Schedule 2 to the Migration Regulations, which mandates that the Minister must have approved the nomination. The Tribunal considered the history of the nomination application, which was initially refused by the Department and subsequently the subject of a review application by the nominator.

The Tribunal found that the nominator had applied to have the position of Cook approved with the applicant as the nominee on 10 January 2017. Following a refusal by the Department on 27 October 2017, the nominator sought review. On 27 May 2020, the Tribunal set aside the Department's refusal and substituted a decision to approve the nomination. Consequently, the Tribunal concluded that the applicant met the criterion under cl.186.223(2). The Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, directing that the applicant met the nomination approval criterion.