Singh (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Temporary Residence Transition stream of the Subclass 186 (Employer Nomination Scheme) visa. The applicant sought reconsideration of a decision by the Migration Tribunal.

The primary legal issue before the Tribunal was whether it was reasonable to disregard adverse information known to Immigration about the nominator or a person associated with the nominator, as required by clause 186.223(3A) of Schedule 2 to the Migration Regulations. This clause mandates that either there must be no adverse information, or any such information must be reasonable to disregard, for the nomination to be approved. The Tribunal was also required to consider the definition of "adverse information" and "associated with" as provided in regulations 1.13A and 1.13B respectively.

The Tribunal reasoned that a sanction previously imposed on the nominator had been lifted, and back payments had been made to underpaid staff. In light of these developments, the Tribunal concluded that it was reasonable to disregard the previously existing adverse information concerning the nominator. Consequently, the Tribunal remitted the visa application for reconsideration, directing that the applicant met criterion 186.223(3A).