Singh (Migration)

This matter concerned an appeal by Mr. Singh against a decision to affirm the refusal of his Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Temporary Residence Transition stream. The core of the dispute revolved around whether the applicant had satisfied the criteria for this visa subclass, particularly concerning an approved nomination for the position of Cook.

The Tribunal was required to determine whether the applicant had met the requirements of clause 186.223 of the Migration Regulations 1994, which governs nominations for this visa subclass. Specifically, the Tribunal had to ascertain if the position was the subject of an approved nomination, if that nomination had been subsequently withdrawn, if there was any adverse information concerning the nominator, if the position remained available, and if the visa application was made within the prescribed timeframe after the nomination approval.

The Tribunal found that the nominator, Cozmoz, had applied for approval of its nomination for the Cook position on 21 January 2019. However, this nomination was refused by a delegate for the Minister for Home Affairs on 28 August 2019, and this refusal was affirmed by a differently constituted Tribunal on 13 December 2022. As there was no information before the Tribunal indicating that the nomination had been approved, the Tribunal concluded that clause 186.223(2) had not been met. Consequently, as the applicant had only sought to satisfy the criteria for the Temporary Residence Transition stream and had failed to meet a crucial requirement, the decision under review was affirmed.