Amin (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Direct Entry stream. The applicant sought review of a decision to refuse the visa. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically concerning the nomination of the position.

The primary legal issue before the Tribunal was whether the applicant had satisfied clause 186.233 of Schedule 2 to the Migration Regulations 1994. This clause requires, among other things, that the position to which the visa application relates must be the subject of an approved nomination, and that the applicant must be identified in that nomination. The Tribunal also considered whether the nomination had been withdrawn and whether there was any adverse information concerning the nominator.

The Tribunal found that the nomination in question had been refused by the Department of Home Affairs on 11 September 2018, and this refusal stood because the nominators had subsequently withdrawn their application for review of that decision. Consequently, there was no approved nomination in which the applicant was the nominee. As this was a mandatory criterion for the visa, the Tribunal concluded that the applicant had failed to meet the requirements for the Subclass 186 visa in the Direct Entry stream.

The Tribunal affirmed the decision not to grant the applicant the visa.