CHAWLA (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr. Chawla for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Temporary Residence Transition stream of the Subclass 186 visa. The applicant sought to have a decision affirmed that denied the grant of this visa.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for a Subclass 186 visa under the Temporary Residence Transition stream, particularly concerning the nomination of the position of Hair or Beauty Salon Manager. The Tribunal also considered whether to refer the matter to the Minister, as requested by the applicant.

The Tribunal found that a key criterion, clause 186.223(1), was not met because the nomination made by Shashi Beauty Salon Pty Ltd for the position of Hair or Beauty Salon Manager was not approved. The Tribunal noted that it did not have a discretion in this instance and that the failure to have the nomination approved meant the applicant could not satisfy the requirements for this visa stream. Furthermore, the Tribunal found that the second applicant, identified as a family unit member, did not satisfy clause 186.311(a) as they were not a member of the family unit of a primary applicant who held a Subclass 186 visa granted on the basis of satisfying the primary criteria. As no further information was provided by the applicant despite an invitation for a further hearing, the Tribunal did not refer the matter to the Minister.

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