1314876 (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Temporary Residence Transition (TRT) and Direct Entry (DE) streams. The applicant sought to have a decision affirmed by the Tribunal, which had refused their visa application. The core dispute revolved around whether the applicant was the subject of an approved nomination for a position, a prerequisite for visa grant under the relevant migration regulations.

The Tribunal was required to determine whether the applicant met the criteria for an approved nomination under either the TRT stream or the DE stream. For the TRT stream, this involved assessing whether the nomination had been approved and not withdrawn, if the position remained available to the applicant, and if the visa application was lodged within six months of the nomination's approval. Similarly, for the DE stream, the Tribunal had to consider if the nomination was approved, not withdrawn, if there was no adverse information concerning the nominator, if the position was still available, and if the visa application was made within the specified timeframe after nomination approval.

The Tribunal found that for the TRT stream, the applicant's employer's nomination was refused on 18 July 2013, and no review was sought. Consequently, there was no approved nomination under this stream. For the DE stream, the evidence indicated that all nominations made by the employer were refused, with the most recent refusal on 15 September 2016, and again, no review was pursued. The Tribunal concluded that the employer's change in business structure was not a unique or exceptional circumstance warranting referral to the Minister, despite submissions regarding the applicant's long-term employment and family circumstances in Australia.

Accordingly, the Tribunal affirmed the decision not to grant the applicants Employer Nomination (Permanent) (Class EN) visas, finding that the relevant nomination criteria were not met.