Singh (Migration)

The applicant, Mr Singh, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of his Subclass 186 (Employer Nomination (Permanent) (Class EN) Visa) application, specifically under the Temporary Residence Transition stream. The core of the dispute concerned whether Mr Singh's nominated occupation as a Motor Mechanic was the subject of an approved nomination at the time of his visa application.

The Federal Circuit and Family Court of Australia was required to determine whether the AAT had erred in law by finding that the nomination lodged by Mr Singh's employer was not approved prior to the lodgement of his visa application. This involved considering the requirements of the *Migration Regulations 1994* (Cth) concerning approved nominations for this visa subclass.

The Court reasoned that the relevant regulation stipulated that a nomination must be approved before a visa application is made. It found that the evidence before the AAT demonstrated that the nomination had not received approval by the Department of Home Affairs until after Mr Singh had lodged his visa application. Consequently, the AAT's finding that the nomination was not approved at the relevant time was upheld, as it was based on a correct interpretation of the legislative requirements.

The application for judicial review was dismissed.