Anees (Migration)

This matter concerned an appeal by the applicant, Mr Anees, against a decision to refuse him and his secondary applicants a Subclass 186 Employer Nomination (Permanent) visa, Temporary Residence Transition stream. The core of the dispute revolved around whether the position for which the visa was sought was the subject of an approved nomination that identified the applicant.

The Tribunal was required to determine whether the applicant satisfied the criteria under clause 186.223 of the Migration Regulations 1994. Specifically, the Tribunal had to ascertain if the position was the subject of an approved nomination, if that nomination had not been withdrawn, if there was no adverse information concerning the nominator, if the position remained available, and if the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the nomination lodged by Habib, Rehman (trading as Melton Auto Service Centre) was refused on 1 March 2018. While an application for review of this refusal was lodged, the Tribunal subsequently determined it had no jurisdiction to review the nomination because the nominator had withdrawn their application for review on 11 March 2020. The applicant confirmed his understanding and agreement with these facts. Despite the applicant providing documentary evidence relating to his qualifications and employment, the Tribunal noted that this evidence did not address the critical requirement of an approved nomination. Consequently, the Tribunal concluded that the applicant had failed to satisfy the criteria for the visa.

As the primary applicant did not meet the requirements for the Subclass 186 visa, the Tribunal also found that the secondary applicants did not satisfy the criteria under clause 186.311. Therefore, the Tribunal affirmed the decision not to grant the Employer Nomination (Permanent) (Class EN) visas.