Chi (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), Temporary Entrance Transition stream, for a Management Accountant. The applicant, Chi, sought review of a decision by the Department of Home Affairs to refuse the visa. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 186.223 of the Migration Regulations 1994, specifically concerning the nomination of the position. This clause mandates that the nomination must have been approved by the Department and not subsequently withdrawn. The Tribunal also considered whether the applicant had responded to communications from the Tribunal regarding information that might lead to the affirmation of the Department's decision.

The Tribunal reasoned that the nomination relied upon by the applicant had been refused by the Department on 29 November 2019, and no application for review of this refusal was lodged with the Tribunal. Consequently, the Department's decision stood, meaning the nomination was not approved. The Tribunal had invited the applicant to comment on this critical issue, but no response was received. As an approved nomination is a prerequisite for the grant of a Subclass 186 visa, and this requirement was not met, the Tribunal concluded that the applicant did not satisfy the criteria for the visa.

The Tribunal affirmed the decision under review, meaning the applicant was not granted the Subclass 186 visa.