Singh (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, specifically within the Temporary Residence Transition stream. The applicant, Mr Singh, sought to have the decision to refuse his visa application reviewed by the Tribunal. The core of the dispute revolved around whether the nomination for the position to which Mr Singh's visa application related had been approved.

The Tribunal was required to determine whether Mr Singh met the criteria for a Subclass 186 visa in the Temporary Residence Transition stream, as set out in clause 186.223 of Schedule 2 to the Regulations. This involved ascertaining whether the position nominated was the subject of an approved nomination application under regulation 5.19(3), and whether Mr Singh had been identified as the relevant Subclass 457 visa holder in that nomination.

The Tribunal reasoned that clause 186.223(2) mandates that the Minister must have approved the nomination for the applicant to meet the criteria. In this instance, the Company's nomination application had been refused by the Department, and this decision was affirmed by the Tribunal. As the nomination application had not been approved, Mr Singh could not satisfy the requirements of clause 186.223(2). Since Mr Singh had only sought to satisfy the criteria for the Temporary Residence Transition stream and had failed to meet these requirements, the Tribunal affirmed the decision not to grant the visa.