Ah-Fock (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, Temporary Residence Transition stream, by the applicant, Ah-Fock, and his family members. The primary dispute revolved around whether the applicant met the requirements of clause 186.223 of the Migration Regulations 1994, specifically concerning the nomination of a position. The decision was made by a Member of the Tribunal.

The Tribunal was required to determine whether the applicant satisfied the criteria for a Subclass 186 visa under the Temporary Residence Transition stream. This involved assessing whether the nominated position was the subject of an approved nomination that identified the visa applicant, whether the nomination had been approved and not withdrawn, whether there was any adverse information concerning the nominator or associated persons, whether the position remained available, and whether the visa application was lodged within six months of the nomination's approval.

The Tribunal reasoned that the application for approval of the nominated position by the nominator, CICCO Enterprises Pty Ltd, had been refused by the Department. A subsequent review of this refusal by the Tribunal determined that it lacked jurisdiction to hear the nomination refusal decision. Consequently, the Tribunal found that the nominator's application for an approved nomination had not been approved, meaning the position specified in the applicant's visa application was not the subject of an approved nomination. As the applicant failed to meet this primary criterion, the Tribunal concluded that the family members also did not meet the requirements for the grant of their visas.

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