Singh (Migration)

This matter concerned an appeal by an applicant for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Temporary Residence Transition stream), and his family members. The primary dispute revolved around whether the applicant met the criteria for the visa, specifically subregulation 186.223, and whether his family members met the criteria under subregulation 186.311. The decision was made by Alan McMurran of the Tribunal.

The Tribunal was required to determine if the applicant satisfied subregulation 186.223, which necessitates that the nominated position has been approved, has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination approval. For the secondary applicants, the issue was whether they qualified as members of the primary applicant's family unit.

The Tribunal reasoned that the initial refusal of the visa application was based on the refusal of the nomination. However, following a review of the nomination decision, the Tribunal set aside the refusal and found that the sponsor met the requirements under regulation 5.19(3). The Tribunal considered the definition of "adverse information" and, having reviewed the available information and questioned the applicant and sponsor, concluded that there was no adverse information of which they were aware. Given these findings, the Tribunal determined that the appropriate course was to remit the visa application for reconsideration by the Minister, directing that the primary applicant met the criteria under cl.186.223 and the secondary applicants met the criteria under cl.186.311.