SINGH (Migration)

This matter concerned an application for a Subclass 186 Employer Nomination Scheme visa, specifically within the Temporary Residence Transition stream. The applicant sought review of a decision not to approve their nomination for the position of Restaurant Manager. The Tribunal was tasked with determining whether the nomination had been approved, a prerequisite for the visa under clause 186.223 of the relevant regulations.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 186.223, which mandates, among other things, that the nomination must have been approved and not subsequently withdrawn, that there be no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application be lodged within six months of the nomination's approval. The applicant had indicated on their visa application that a nomination had been lodged.

The Tribunal found that the nomination had not been approved. Despite the applicant's representative requesting an extension of time to respond to information indicating the nomination's non-approval, the Tribunal declined the extension, noting that the grounds for the request did not address the core issue of the unapproved nomination and the applicant's inability to meet clause 186.223. As no further information was received, and the nomination remained unapproved, the Tribunal affirmed the delegate's decision. The Tribunal concluded that the applicant had only sought to satisfy the criteria for the Temporary Residence Transition stream and had not provided evidence to support claims in other visa streams or for family members.

Consequently, the Tribunal affirmed the decision not to grant the applicant an Employer Nomination (Permanent) (Class EN) visa.