1602772 (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 186 visa in the Temporary Residence Transition stream. The dispute centred on whether the applicant met the requirements of clause 186.223 of the Migration Regulations 1994. The employer who had nominated the applicant, East Kimberley Job Pathways, had terminated the applicant's employment and informed the Department that her employment would cease upon the expiry of her Subclass 457 visa.

The Tribunal was required to determine if the applicant satisfied clause 186.223, which includes several conditions for the Temporary Residence Transition stream. These conditions mandate that the nominated position must have been approved and not withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval. The Tribunal specifically had to assess whether the nominated position was still available to the applicant.

The Tribunal reasoned that the applicant's employment had been terminated, and the nominated position was therefore no longer available. This failure to meet the requirement that the position be still available meant that clause 186.223(4) was not satisfied, and consequently, the applicant could not meet the overall criteria for the Subclass 186 visa in the Temporary Residence Transition stream. As the applicant had only sought to satisfy the criteria for this specific stream, and the secondary applicants (husband and son) did not meet the criteria for a Subclass 186 visa in their own right, the Tribunal affirmed the decision not to grant the visas.