Sukhbir Singh (Migration)

This matter concerned an appeal by Sukhbir Singh against the refusal of his Subclass 186 Employer Nomination Scheme visa. The primary issue before the Tribunal was whether the nomination for the position of Cook, made by Mann Foods Pty Ltd, had been approved in accordance with the relevant migration regulations. The Tribunal also considered the application of Gurwinder Kaur, a secondary applicant, whose visa was dependent on Mr. Singh being granted his visa.

The legal issues the Tribunal was required to determine included whether the nomination for the position of Cook met the requirements of clause 186.223 of the Migration Regulations 1994. This clause necessitates that the nominated position be the subject of an approved nomination application, that the nomination has not been withdrawn, that there is no adverse information known to the Department about the nominator or associated persons (or such information is reasonable to disregard), that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that departmental records indicated the nomination relating to Mr. Singh's visa application had been refused on 5 March 2018, and a subsequent review application concerning this refusal was found to be outside the Tribunal's jurisdiction. Although the applicant provided documentation relating to a Subclass 187 visa application and a notification of approval for a nominated position as an approved appointment in the RSMS Nomination (Direct Entry) for Mr. Singh, the Tribunal noted that the nomination for the Subclass 186 visa itself had been refused. The Tribunal also considered adverse information particularised to the applicant, which indicated that his Subclass 186 visa application was not supported by an approved nomination as required by clause 186.223.

Consequently, the Tribunal affirmed the decision to refuse Mr. Singh's Subclass 186 visa. As Mr. Singh was not granted a Subclass 186 visa, the Tribunal also affirmed the decision to refuse the visa of the secondary applicant, Gurwinder Kaur.