Burapat (Migration)

This matter concerned an application for a Subclass 186 visa (Employer Nomination) by the applicant, with associated applications by their partner and child. The dispute centred on whether the applicant met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994, specifically concerning an approved nomination. The Administrative Appeals Tribunal was required to determine if the decision to refuse the visa should be affirmed.

The primary legal issue before the Tribunal was whether the nomination lodged by The Crossover Agency Pty Ltd in respect of the applicant was approved, as required by clause 186.223(2). The Tribunal also considered whether the partner and child applicants met the criteria under clause 186.311, which requires them to be members of the family unit of a Subclass 186 visa holder. The applicants had only sought to satisfy the criteria for the Temporary Residence Transition stream of the Subclass 186 visa.

The Tribunal reasoned that the nomination application was refused by a delegate of the Minister on 29 August 2017, and this decision was subsequently affirmed by the Tribunal on 29 May 2020. Consequently, there was no approved nomination, meaning the requirement under clause 186.223(2) was not satisfied. Furthermore, the Tribunal found no evidence that the partner and child applicants met the primary visa criteria or clause 186.311. As the essential requirements for the Temporary Residence Transition stream were not met, the Tribunal affirmed the decision under review.