Choudhary (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 by the Administrative Appeals Tribunal (AAT) which affirmed the decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria under clause 186.223 of the Migration Regulations 1994, specifically concerning the requirement for an approved nomination. The Tribunal was also required to consider whether it was appropriate to decline an indefinite adjournment of the decision-making process.

The Tribunal reasoned that clause 186.223(2) requires that the nomination has been approved and not subsequently withdrawn. In this case, the nomination application was initially refused by a delegate of the Minister, and this decision was affirmed by the Tribunal on review. Consequently, at the time of the current decision, there was no approved nomination in place, meaning the applicant had not met a crucial criterion for the visa. The Tribunal noted that the applicant had only sought to satisfy the criteria for the Temporary Residence Transition stream and had not made claims in respect of other visa streams.

The Tribunal affirmed the decision not to grant the applicant the visa, finding that the requirements for the Subclass 186 visa in the Temporary Residence Transition stream had not been met due to the absence of an approved nomination.