Singh (Migration)

This matter concerned an application for a Subclass 186 Employer Nomination Scheme visa, specifically under the Direct Entry stream. The applicant, Mr. Singh, sought to have his nominated position as a Metal Fabricator/Welder approved, along with associated remuneration, to satisfy the visa criteria. The decision was made by Warren Stooke AM of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had an approved nominated position and met the relevant criteria pertaining to engagement in that position, as outlined in clause 186.233 of the Migration Regulations. This clause requires, among other things, that the nominated position be approved, not withdrawn, still available to the applicant, and that the visa application be made within six months of the nomination's approval. The Tribunal also considered whether the applicant's skills and the remuneration offered aligned with the requirements for the nominated occupation, specifically ANZSCO 323213 Fitter-Welder.

The Tribunal found that the nominated position was approved and that the applicant's skills, as demonstrated in his work with Sunshine Trailers Vic Pty Ltd, conformed to the ANZSCO description for a Fitter-Welder. The Tribunal was satisfied that the primary applicant met the criteria under cl.186.233 and that the secondary applicants met the criteria under cl.186.311. Consequently, the Tribunal remitted the applications for reconsideration with a direction that the primary applicant met the specified criteria.