CHOWDHURY (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Temporary Residence Transition stream. The applicant sought review of a decision to refuse the approval of a nomination made by Kakadu Kimberly Fashion Wear Pty Ltd ATF The Chowdhury Family Trust. The Tribunal, presided over by Karen McNamara, was tasked with determining whether the applicant met the relevant visa criteria.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 186.223 of the Migration Regulations, which outlines the requirements for a Subclass 186 visa in the Temporary Residence Transition stream. This clause mandates, among other things, that the nominated position must be the subject of an approved nomination that identifies the visa applicant, and that the nomination must have been approved and not subsequently withdrawn. The Tribunal also considered whether there was any adverse information concerning the nominator or associated persons, and the timeliness of the visa application relative to the nomination approval.

The Tribunal reasoned that a fundamental requirement for the applicant to meet clause 186.223 was that the nomination must be approved. As the Tribunal had previously affirmed the decision to refuse the approval of the nomination made by Kakadu Kimberly Fashion Wear Pty Ltd ATF The Chowdhury Family Trust, this essential criterion was not met. Consequently, the Tribunal concluded that the applicant could not satisfy clause 186.223(2), and therefore, the overall requirements of clause 186.223 were not satisfied.

The Tribunal affirmed the decision not to grant the applicant the Subclass 186 visa.