Singh (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, subclass 186, Direct Entry stream, for a Painting Trades Worker. The applicant's employer, Kamalke Pty Ltd, had initially had its nomination refused by the Department. The applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met criterion 186.233 of Schedule 2 to the Regulations, which pertains to the nomination of a position. This criterion requires, among other things, that the nominated position be approved and not subsequently withdrawn, that there be no adverse information known to Immigration about the nominator or associated persons, and that the position remains available to the applicant.

The Tribunal noted that while the nomination was initially refused by the Department, the Tribunal itself had subsequently set aside that decision and substituted an approval of the nomination on 1 October 2024. Based on this and other information provided, the Tribunal was satisfied that all sub-clauses of criterion 186.233 were met, including that the nomination was approved and not withdrawn, there was no adverse information, the position was still available, and the visa application was made within the prescribed timeframe after the nomination approval.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant had met criterion 186.233.