Begum (Migration)

This matter concerned an application for a Subclass 186 (Employer Nomination Scheme) visa in the Direct Entry stream. The applicant sought review of a decision not to grant the visa. The Tribunal, presided over by Member Alan McMurran, considered the claims and evidence presented.

The primary legal issue before the Tribunal was whether the applicant met the requirements of regulation 186.233, which pertains to the nomination of a position for the Direct Entry stream. This regulation mandates that the position must be the subject of an approved nomination that identifies the applicant, that the nominator is the prospective employer, that the nomination has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval. The Tribunal also considered regulation 186.311 in relation to secondary applicants.

The Tribunal found that the applicant had not satisfied the requirements of regulation 186.233 because the nomination application had not been approved. Specifically, the Tribunal noted that it had previously affirmed a decision to refuse the nomination application on 19 July 2022. Consequently, the applicant was not the subject of an approved nomination, and the primary criteria for the visa were not met. As the primary applicant's claim failed, the secondary applicants, who were dependent on the primary applicant's success, also did not meet the criteria under regulation 186.311.

The Tribunal affirmed the decision not to grant the applicants Employer Nomination (Permanent) (Class EN) visas, as the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet the essential requirements for that stream.