2310784 (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Temporary Residence Transition stream. The applicant sought review of a decision not to grant her the visa. The core of the dispute revolved around the availability of the nominated position following a change in employers and the liquidation of the original nominating business.

The Tribunal was required to determine whether the applicant met the criteria for the Subclass 186 visa, specifically clause 186.223 of Schedule 2 to the Regulations. This involved assessing whether the nominated position remained available to the applicant at the time of the decision, given that the original nominating employer had ceased operations and the business had been sold to a new entity.

The Tribunal affirmed the decision not to grant the visa. It reasoned that while the applicant had been nominated by [Employer 1] for a Childcare Centre Manager position under the Subclass 457 visa program, and this nomination was initially approved, the nominating company subsequently ceased operations and went into liquidation. Although the applicant continued to work as a Childcare Centre Manager at the same location under a new employer, [Employer 2], the Tribunal found that the original nominated position was no longer available to her due to the change in employers. Consequently, the applicant failed to satisfy subclause 186.223(4) of the Regulations, which requires the nominated position to still be available. The Tribunal noted that the applicant could seek Ministerial Intervention following this decision.