Singh (Migration)

This matter concerned an application for a Subclass 186 (Employer Nomination Scheme) visa, Temporary Residence Transition stream, by Mr Amandeep Singh, with his family members also applying as members of his family unit. The core dispute revolved around whether Mr Singh met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994, specifically concerning the nomination of his position as a Cook. The Administrative Appeals Tribunal (AAT) was tasked with reviewing the decision regarding the approval of the nomination.

The legal issues before the Tribunal were whether the nominated position was the subject of an approved nomination that had not been withdrawn, whether there was any adverse information known to Immigration about the nominator or associated persons, whether the position remained available to the applicant, and whether the visa application was made within six months of the nomination's approval. These criteria are essential for a valid nomination under the Temporary Residence Transition stream of the Subclass 186 visa.

The Tribunal found that the nominating employer, F&B Goa Traders Pty Ltd T/A Curry Pirates, had its nomination for the Cook position approved by the Tribunal on 24 June 2019, and this approval had not been withdrawn. It was satisfied that no adverse information was known to Immigration regarding the nominator or associated persons, that the position remained available to Mr Singh, and that the visa application was made concurrently with the nomination, thus satisfying the time limit. Based on these findings, the Tribunal concluded that clause 186.223 was met.

Consequently, the Tribunal remitted the applications for Employer Nomination (Permanent) (Class EN) visas for reconsideration by the Minister, with a direction that Mr Amandeep Singh meets the criteria under clause 186.223. The applications of Mrs Gurnoor Kaur and Mr Jigarveer Singh would be determined by reference to the outcome of Mr Singh's application.