Singh (Migration)

The Administrative Appeals Tribunal considered an application concerning an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 (Employer Nomination Scheme). The applicant sought review of a decision relating to an approved nomination lodged by Custom Metal Polishing (Aust) Pty Ltd.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 186 visa, particularly in light of the approved nomination. The Tribunal was required to determine if the criterion in paragraph 186.223 of Schedule 2 to the Regulations was satisfied.

The Tribunal found that the criterion in paragraph 186.223(2) of Schedule 2 to the Regulations was now met by the applicant. Consequently, the Tribunal set aside the previous decision and substituted a decision approving the nomination. The Tribunal concluded that the matter should be remitted for reconsideration with the direction that the applicant meets the specified visa criteria.