AMIN (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Temporary Residence Transition stream. The applicant sought to have the decision of the Administrative Appeals Tribunal affirmed, which had affirmed the Department's decision to refuse the visa. The sponsor, Ida & Associates Group Pty Ltd, had its nomination application refused, and an appeal against that refusal was pending in the Federal Circuit Court.

The primary legal issue before the Tribunal was whether the applicant was the subject of an approved nomination, as required by clause 186.223 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant met the criteria that the position to which the application related was the subject of an approved nomination that identified the visa applicant, and that such nomination had been approved.

The Tribunal reasoned that the sponsor's nomination application had been refused by the Department and this decision was affirmed by the Tribunal. The Tribunal considered and rejected the applicant's request to delay a decision on the visa application pending the outcome of the sponsor's appeal to the Federal Circuit Court, noting the speculative nature of the appeal and the likely delays. As the sponsor's nomination had not been approved, the Tribunal concluded that clause 186.223(2) was not met. Consequently, the applicant did not meet the primary criteria for the visa, and the applications of the second named applicants, as family unit members, were also affirmed.