VARINDER SINGH (Migration)

This matter concerned an application for a Subclass 186 (Employer Nomination Scheme) visa under the Temporary Residence Transition stream, with the applicant seeking to be recognised as a pastry cook. The applicant's nomination for the visa was not approved by the Department. The Administrative Appeals Tribunal (the Tribunal) considered the applicant's appeal against this decision.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 186 visa, specifically concerning the approval of the nomination. A secondary issue arose regarding the Tribunal's jurisdiction over the visa application of the applicant's three-year-old son, who was not in Australia at the time of the visa application or the review application.

The Tribunal reasoned that it had no jurisdiction to consider the application of the applicant's son, as he was not present in Australia. Regarding the applicant's own visa application, the Tribunal found that the applicant met the criteria set out in clauses 186.223(1) and 186.223(2) of Schedule 2 to the Migration Regulations 1994. These clauses relate to the nominated position and the Minister's approval of the nomination.

Consequently, the Tribunal remitted the applicant's visa application for reconsideration, with a direction that the applicant meets the specified criteria. The Tribunal explicitly stated it had no jurisdiction in relation to the third applicant, the son.