SINGH (Migration)

This matter concerned an appeal by the applicant, Mr. Singh, against a decision of the Administrative Appeals Tribunal (the Tribunal) which affirmed a decision by the Department of Home Affairs to refuse to grant him a Subclass 186 Employer Nomination (Permanent) (Class EN) visa under the Temporary Residence Transition stream. The applicant's partner was also a party to the proceedings.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994 (Cth). This clause, as it applied to the Temporary Residence Transition stream, stipulated that the nominated position must be the subject of an approved nomination application that identifies the visa applicant, and that the nomination must have been approved and not subsequently withdrawn.

The Tribunal reasoned that the applicant could not satisfy clause 186.223 because the nomination application lodged by the nominator, Rashid Abdul Omar, had been refused by the Department of Home Affairs. Consequently, the applicant was not the subject of an approved nomination by his employer, a prerequisite for the grant of the visa under this stream. The Tribunal noted that no claims had been made in respect of other visa streams.

As the applicant failed to meet the essential criteria for the Subclass 186 visa under the Temporary Residence Transition stream, the Tribunal affirmed the decision under review.