Crawford (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Employer Nomination Scheme, Temporary Residence Transition stream. The applicant sought review of a decision by the Department of Immigration to refuse their visa application. The Tribunal, presided over by K. Chapman, was tasked with determining whether the applicant met the relevant criteria for this visa subclass.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of clause 186.223(2) of the Migration Regulations. This clause mandates that the nomination of a position must have been approved by the Minister and not subsequently withdrawn. Additionally, it requires that there be no adverse information known to Immigration concerning the nominator or associated persons, or that such information be reasonably disregarded. The position must also remain available to the applicant, and the visa application must be lodged within six months of the nomination's approval.

The Tribunal found that the applicant's nomination had been refused by the Department on 1 May 2018. Crucially, at the time of the Tribunal's decision, there was no evidence of an approved nomination relating to the applicant. Consequently, the Tribunal concluded that the requirements of cl.186.223(2) were not met, and therefore, cl.186.223 as a whole was not satisfied. As the applicant had only sought to satisfy the criteria for the Temporary Residence Transition stream and had failed to meet its essential requirements, the Tribunal affirmed the delegate's decision. The Tribunal affirmed the decision not to grant the applicant an Employer Nomination (Permanent) (Class EN) visa.