Agula (Migration)

The Administrative Appeals Tribunal considered an application for Employer Nomination (Permanent) (Class EN) visas, specifically under the Temporary Residence Transition stream of the Subclass 186 Employer Nomination Scheme. The dispute arose after the nomination application was refused, and crucially, the nominator withdrew its application for review, meaning the applicant was no longer an employee of the nominator.

The Tribunal was required to determine whether the applicants satisfied the criteria for the grant of a Subclass 186 visa. Specifically, the Tribunal had to consider whether the applicants were members of a family unit of a person who held a Subclass 186 visa granted on the basis of satisfying the primary criteria, and whether the nomination had been withdrawn.

The Tribunal reasoned that pursuant to clause 186.311, the second and third applicants were not members of a family unit of a person who held a Subclass 186 visa granted on the basis of satisfying the primary criteria. Consequently, this criterion was not met. Furthermore, the Tribunal noted that the nominator had withdrawn its application for review, which implied the nomination had been withdrawn, a factor that would also prevent the visa criteria from being satisfied under subregulation 186.223(3).

The Tribunal affirmed the decision not to grant the applicants Employer Nomination (Permanent) (Class EN) visas.