Chauhan (Migration)

This matter concerned an appeal by the applicants against the decision not to grant them Employer Nomination (Permanent) (Class EN) visas, specifically under the Subclass 186 Temporary Residence Transition stream. The decision under review was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicants met the criteria for a Subclass 186 visa, particularly clause 186.223, which pertains to the nomination of a position. This clause requires, among other things, that the nominated position has been approved and has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the nomination lodged by Mosaleheh Gold Coast Pty Ltd ATF Mosaleheh Gold Coast Trust on behalf of the first applicant had not been approved at the time of the Tribunal's decision. Consequently, the Tribunal found that the first applicant failed to meet the requirements of clause 186.223. The Tribunal also affirmed the decision regarding the second applicant, finding she did not meet the secondary criteria as a family member and had not demonstrated she met the primary criteria in her own right.

The Tribunal affirmed the decision not to grant the applicants Employer Nomination (Permanent) (Class EN) visas.