Begum (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, specifically within the Temporary Residence Transition stream. The applicants sought review of a decision not to grant them this visa.

The primary legal issue before the Tribunal was whether the applicants had satisfied the criteria for the Subclass 186 visa, particularly clause 186.223, which pertains to the nominated position. This clause requires, among other things, that the nominated position be the subject of an approved nomination that identifies the visa applicant, that the nomination has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was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 found that the nominated position of Cafe or Restaurant Manager by HNJ Australia Pty Ltd had been refused by the Department. The applicant acknowledged that she did not hold an approved nomination for this position, and therefore, clause 186.223 was not met. Furthermore, the Tribunal noted that the second and third applicants did not satisfy clause 187.311(a) as they were not members of the family unit of a person who held a Subclass 187 visa granted on the basis of satisfying primary criteria. As the applicants had only sought to satisfy the criteria for the Temporary Residence Transition stream and had failed to meet the essential requirements for this stream, the decision under review was affirmed. The Tribunal affirmed the decision not to grant the applicants Employer Nomination (Permanent) (Class EN) visas.