SINGH (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 186 (Employer Nomination Scheme) visa, Temporary Residence Transition stream, by Mr. Singh, who was nominated by his employer to work as a Baker (ANZSCO 351111). The primary dispute concerned whether the nomination was approved, as this was a prerequisite for the visa application.

The Tribunal was required to determine if the visa applicant satisfied the criteria specified in clause 186.223 of Schedule 2 of the Migration Regulations 1994. This clause relates to the requirements for a Subclass 186 visa under the Temporary Residence Transition stream, including the need for an approved nomination.

The Tribunal found that the visa applicant did satisfy the requirements of clause 186.223. Consequently, the Tribunal remitted the visa application back to the Minister for reconsideration, with the specific direction that the applicant meets the criteria outlined in clause 186.223. The Minister is to consider the remaining criteria for the visa.