Singh (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Temporary Residence Transition stream of Subclass 186. The applicant sought review of a decision concerning their eligibility for this visa. The Administrative Appeals Tribunal, constituted by Member Hugh Sanderson, considered whether the applicant was the subject of an approved nomination for the position of Customer Service Manager.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause outlines several requirements for applicants in the Temporary Residence Transition stream, including that the nominated position must have been approved, the applicant identified in the nomination, the nomination not withdrawn, no adverse information known to the Department, the position remaining available, and the visa application made within six months of the nomination approval.

The Tribunal reasoned that the applicant, who was employed as a Customer Service Manager by CTM Bread on the Run Pty Ltd, had been identified in the nomination for this role, consistent with their previous Subclass 457 visa. Evidence presented indicated no intention to withdraw the nomination and that the position remained available. Furthermore, no adverse information was known to the Department concerning the applicant or associated persons. Consequently, the Tribunal found that the criteria under clause 186.223 were met.

The Tribunal's decision was to remit the visa applications for reconsideration. It directed that the first named applicant had met the criteria specified in clause 186.223, and the applications were to be reconsidered in full by the Minister, taking into account this finding.