Singh (Migration)

The Administrative Appeals Tribunal considered an application to review a decision concerning a Subclass 186 (Employer Nomination Scheme) visa. The applicant, Mr. Singh, sought review of a decision that had previously affected his eligibility for the visa, with Exotic Spice Pty Ltd as the nominating employer.

The primary legal issue before the Tribunal was whether the nomination lodged by Exotic Spice Pty Ltd met the relevant legislative requirements, and consequently, whether Mr. Singh could now satisfy the criteria for the Subclass 186 visa. The Tribunal was required to determine if the circumstances had changed since the original decision, allowing for the approval of the nomination and the applicant's eligibility.

The Tribunal found that upon review, the nomination lodged by Exotic Spice Pty Ltd was approved. This approval led the Tribunal to be satisfied that Mr. Singh met the requirements of clause 186.223 of Schedule 2 to the Regulations, and that Mrs Mandeep Kaur met the requirements of clause 186.311. Consequently, the Tribunal concluded that the matter should be remitted to the Department for reconsideration by a delegate of the Minister. The Tribunal remitted the application for reconsideration with the specific direction that Mr. Singh meets the criteria under cl.186.223(2) of Schedule 2 to the Regulations.