VIRPAL SINGH (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, subclass 186, under the Temporary Residence Transition stream, for the position of Cook. The applicant, Mr Virpal Singh, lodged his visa application on 10 June 2016. The employer's nomination application was initially refused on 27 March 2017, and the applicant did not respond to a request for comments. Subsequently, the employer lodged a new nomination application, which was approved by the Department on 4 June 2018, naming Mr Singh as the nominee for the Cook position. The Administrative Appeals Tribunal considered whether the nomination for the position had been approved, as required by clause 186.223(2) of Schedule 2 to the Regulations.

The primary legal issue before the Tribunal was whether the applicant met the criteria under clause 186.223(2) of Schedule 2 to the Regulations, which requires the Minister to have approved the nomination. The Tribunal was presented with evidence of a subsequent nomination approval dated 4 June 2018, which named Mr Singh as the nominee for the Cook occupation. This approval letter indicated that Mr Singh could lodge his permanent residence application within six months of that date or before his current visa expired, whichever was sooner.

The Tribunal found that the Department's approval of the subsequent nomination on 4 June 2018 satisfied the requirement of clause 186.223(2). Based on this finding, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining eligibility criteria. The Tribunal directed that the applicant met the criterion specified in clause 186.223(2).