Ali (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Subclass 186 Employer Nomination Scheme visa application. The applicant sought review of a decision that refused to grant the visa. The primary issue revolved around the status of a nomination made by Australian Global Corporation Pty Ltd (AGC) for the applicant.

The Tribunal was required to determine whether the applicant was the subject of an approved nomination, or if a nomination review was pending, as required by clause 186.233 of the relevant regulations. Specifically, the Tribunal had to consider if the nomination had been approved and not withdrawn, and if the applicant was identified in the nomination application. The Tribunal also had to consider the eligibility of secondary applicants, who applied jointly with the primary applicant.

The Tribunal noted that the nomination by AGC had been refused on 4 January 2018, and while AGC had applied for a review of this refusal, the Tribunal had previously found it had no jurisdiction to review that nomination refusal due to a non-valid application. The Tribunal had requested information from the applicant regarding the nomination's approval status, highlighting that an approved nomination was a prerequisite for visa grant. The Tribunal found that the primary applicant did not meet clause 186.233 because the nomination was not approved and there was no pending review. Furthermore, the secondary applicants could not satisfy the criteria as there was no evidence they were members of the family unit of a person who held a Subclass 186 visa.

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