Bhanot (Migration)

The Administrative Appeals Tribunal considered the case of Mr Bhanot, who sought review of a decision concerning a Subclass 186 Employer Nomination (Permanent) (Class EN) visa, specifically the Direct Entry stream for an ICT Sales Representative. The core dispute revolved around whether the nomination for the position had been approved, a prerequisite for the visa application.

The Tribunal was required to determine if the applicant met the criteria under clause 186.233, which mandates that the position be the subject of an approved nomination application. This clause, as applicable, requires the nominator to be the prospective employer, the nomination to have been approved and not withdrawn, and for there to be no adverse information known to the Department about the nominator or associated persons, or for such information to be disregarded. Furthermore, the position must remain available to the applicant, and the visa application must be lodged within six months of the nomination's approval.

The Tribunal's reasoning focused on the fact that the nomination application lodged by Brisbyte Pty Ltd for the ICT Sales Representative position was refused on 4 October 2018. While the nominator sought review of this refusal, the Tribunal affirmed the decision not to grant the nomination application on 7 October 2021. The Tribunal subsequently notified the applicant of its intention to rely on this information, explaining that it would likely lead to a finding that the applicant did not meet clause 186.233(3), which requires an approved nomination.

Consequently, the Tribunal affirmed the decision under review, finding that the applicant did not meet the requirement for an approved nomination, which is a critical criterion for the Subclass 186 visa under the Direct Entry stream.