Ameen (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding the refusal of an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, specifically within the Temporary Residence Transition stream. The applicant, Ameen, sought to have the decision to refuse the visa grant overturned. The sponsoring employer, Halal Restaurant Supplies Pty Ltd, had its position nomination refused, which was subsequently affirmed on review by the Tribunal.

The primary legal issue before the Tribunal was whether the nomination for the position, as required by clause 186.223 of the Migration Regulations 1994, had been approved and met all its stipulated conditions. This included whether the nominated position was still available to the applicant and whether the visa application was made within the prescribed timeframe after the nomination's approval. The Tribunal also considered the implications for secondary applicants if the primary applicant failed to meet the visa criteria.

The Tribunal reasoned that a critical requirement for the Subclass 186 visa in the Temporary Residence Transition stream is the approval of the employer's nomination under clause 186.223. The Tribunal had previously affirmed the refusal of this nomination. Following this affirmation, the Tribunal issued a letter under section 359A of the Migration Act 1958, inviting the applicant to respond to information that indicated they might not meet clause 186.223(2). As no response was received from the applicant, the Tribunal concluded that clause 186.223(2) was not satisfied, and consequently, clause 186.223 as a whole was not met. Because the primary applicant did not satisfy the criteria for the Subclass 186 visa, the secondary applicants also failed to meet the requirements under clause 186.311.

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