Amarpreet Kaur (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Temporary Residence Transition stream. The primary applicant sought this visa, with a second applicant seeking to be included as a member of the family unit. The Administrative Appeals Tribunal was tasked with reviewing the decision to refuse these visas.

The central legal issue before the Tribunal was whether the applicants met the criteria for a Subclass 186 visa, particularly clause 186.223, which pertains to the nomination of a position. This clause requires, among other things, that the nominated position has been approved by the Minister and has not been subsequently withdrawn, and that the visa application is made within six months of the nomination's approval. The Tribunal also had to consider whether the second applicant qualified as a member of the family unit.

The Tribunal reasoned that the primary applicant had failed to satisfy clause 186.223 because the nominated position had not been approved at the time of the Tribunal's decision. Consequently, the Tribunal found that the primary applicant did not meet the requirements for the visa. Furthermore, the Tribunal determined that the second applicant did not meet the secondary criteria to be a member of the family unit, nor had they provided evidence to meet the primary criteria for the Subclass 186 visa or any other visa within Class EN in their own right.

Accordingly, the Tribunal affirmed the decision not to grant the Employer Nomination (Permanent) (Class EN) visas to either applicant.