1500397 (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Direct Entry stream, by Ms. Begum and secondary applicants. The Administrative Appeals Tribunal was required to determine whether the applicants met the criteria for this visa subclass.

The primary legal issue before the Tribunal was whether Ms. Begum's employer, Swissplus Pty Ltd, had obtained approval for its nomination of Ms. Begum's position, as required by clause 186.233 of the relevant regulations. This clause mandates that the nominated position must have been approved and not subsequently withdrawn.

The Tribunal found that Swissplus Pty Ltd's nomination had not been approved. The Tribunal had notified Ms. Begum under section 359A of the Act, inviting her to comment on the information that the nomination had not been approved. Ms. Begum failed to respond by the due date. Consequently, the Tribunal proceeded to make its decision without further input from Ms. Begum. As the nomination was not approved, the Tribunal concluded that clause 186.233 was not satisfied, and therefore, Ms. Begum and the secondary applicants did not meet the visa criteria. The Tribunal affirmed the decision not to grant the visa.