Chopra (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Temporary Residence Transition stream. The applicant sought review of a decision to refuse the visa. The primary issue before the Tribunal was whether the applicant had satisfied the criteria for the visa, specifically concerning the nomination of the position.

The Tribunal was required to determine whether there was an approved nomination for the position as required by clause 186.223 of the Migration Regulations. This clause mandates that the position to which the visa application relates must be the subject of an approved nomination that identifies the visa applicant, and that the nomination has not been withdrawn. Further requirements include the absence of adverse information concerning the nominator or associated persons, the continued availability of the position, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nominator's application for approval of the nominated position had been refused, and this refusal had been affirmed on review by the Administrative Appeals Tribunal. Consequently, the nominator's application for the nominated position had not been approved. The applicant acknowledged that the refusal of the nomination had significant implications for his visa application and sought to postpone the hearing to find a new sponsor. The applicant also stated that he understood the nominator was no longer operating a business.

As the requirement for an approved nomination had not been met, the Tribunal concluded that the applicant had failed to satisfy the criteria for the Subclass 186 visa in the Temporary Residence Transition stream. Accordingly, the Tribunal affirmed the decision not to grant the visa.