Sukhwinder Singh (Migration)

The Administrative Appeals Tribunal considered the case of Sukhwinder Singh and other applicants seeking Employer Nomination (Permanent) (Class EN) visas, specifically under the Subclass 186 Temporary Residence Transition stream. The primary dispute concerned whether the applicants met the criteria for this visa subclass, particularly in light of a withdrawn nomination for a Baker position.

The central legal issue before the Tribunal was whether the applicants satisfied clause 186.223 of the Migration Regulations, which outlines the requirements for a nominated position. This clause mandates that the nominated position must have been approved, not subsequently withdrawn, and must remain available to the applicant. Additionally, it requires that there be no adverse information known to the Department of Immigration concerning the nominator or associated persons, or that any such information be disregarded, and that the visa application be made within six months of the nomination's approval.

The Tribunal affirmed the decision not to grant the visas because the primary applicant failed to meet the essential criterion that the nominated position had not been withdrawn. The applicant acknowledged that his proposed sponsor, Noisette Bakery, had withdrawn the nomination for the Baker position, stating they no longer wished to employ him. While the applicant explained the circumstances leading to the withdrawal, including a dispute over holiday work and a subsequent resignation, he conceded that the position was no longer available to him. Consequently, as the primary applicant did not satisfy the primary criteria, the secondary applicants, who relied on their relationship to the primary applicant, also failed to meet the secondary criteria for the visa.