Castro (Migration)

The Administrative Appeals Tribunal considered the case of Master Rojz Jorel Castro, who sought review of a decision to refuse an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Temporary Residence Transition stream. The primary dispute revolved around whether the nominated position remained available to the applicant, a requirement for this visa subclass.

The Tribunal was tasked with determining if the applicant met the criteria for a Subclass 186 visa in the Temporary Residence Transition stream, with a particular focus on clause 186.223. This clause mandates that the nominated position must be approved, not withdrawn, and crucially, must still be available to the applicant at the time of decision.

The Tribunal found that the applicant was no longer employed by the nominating company, TNR Communication Pty Ltd, having ceased working there in the latter half of 2018. While the applicant asserted the position remained available, no supporting evidence, such as a letter from the employer, was provided despite requests. The Tribunal noted that the availability of the position is a "time of decision requirement" and, based on the applicant's own evidence that the position was no longer available, concluded that clause 186.223 was not satisfied.

Consequently, the Tribunal affirmed the delegate's decision not to grant the visa, as the applicant had failed to meet the essential criteria for the Subclass 186 visa in the Temporary Residence Transition stream.