1821448 (Migration)

The Administrative Appeals Tribunal considered a migration matter involving an applicant seeking an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Temporary Residence Transition stream. The applicant's application was based on a nomination made by [Sponsoring Employer 1] for a Marketing Specialist position. The core dispute revolved around the validity of this nomination, which the sponsoring employer had subsequently withdrawn.

The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically clause 186.223 of the Migration Regulations. This clause mandates that the position must be the subject of an approved nomination that has not been subsequently withdrawn. The applicant contended that she had been employed by the nominator since 2013 and had experienced workplace bullying and sexual harassment, which she believed unfairly led to the withdrawal of her nomination. She also raised concerns about the nominator's compliance with sponsorship obligations.

The Tribunal acknowledged the applicant's evidence of employment but found that the critical issue was the status of the nomination itself. Applying clause 186.223, the Tribunal noted that the legislation requires an approved nomination that has not been withdrawn. The evidence before the Tribunal indicated that the nomination lodged by [Sponsoring Employer 1] had not been approved and had been withdrawn. Consequently, the Tribunal concluded that the applicant did not meet this essential requirement for the visa.

The Tribunal affirmed the decision not to grant the applicant the Employer Nomination (Permanent) (Class EN) visa. The Tribunal also noted that the applicant would be able to make a direct request to the Minister under section 351 of the Migration Act following this decision.