Singh (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 (Employer Nomination Scheme) Direct Entry stream. The dispute arose from the refusal of the applicant's nomination application, which was the subject of the review. The Tribunal was tasked with determining whether the applicant was the subject of an approved nomination that met the relevant legislative criteria.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements for a Subclass 186 visa in the Direct Entry stream, particularly concerning the approval of their nomination. This involved assessing whether the nominated position met the criteria outlined in clause 186.233, including that the employer who made the nomination was the prospective employer, that the nomination had been approved and not withdrawn, that there was no adverse information known to the Department or that such information could be disregarded, that the position remained available, and that the visa application was made within six months of the nomination's approval.

The Tribunal's reasoning focused on the evidence before it, which included departmental records and the applicant's migration history. The Tribunal noted that the applicant had not provided further information in response to requests from both the Department and the Tribunal, nor had they appeared at the hearing. Crucially, the Tribunal found that the applicant had not satisfied the essential criteria for the Subclass 186 visa in the Direct Entry stream, as the nomination requirements had not been met. Consequently, the Tribunal affirmed the decision under review.