Ahmad (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, Temporary Residence Transition stream, before the Administrative Appeals Tribunal. The applicant sought review of a decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria set out in clause 186.223 of Schedule 2 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the position to which the application related was the subject of an approved nomination that had not been subsequently withdrawn, among other requirements.

The Tribunal found that the nominator had withdrawn their application to nominate the applicant for the position of Web Developer on 28 October 2022. Consequently, the position was not the subject of an approved nomination that identified the applicant, meaning the applicant failed to satisfy clause 186.223. As the applicant had only sought to satisfy the criteria for the Temporary Residence Transition stream and had not met its requirements, the Tribunal affirmed the decision not to grant the visa. The Tribunal also found that the secondary applicants did not meet the necessary requirements.