CUI (Migration)

This matter concerned the judicial review of a decision by the Administrative Appeals Tribunal (the Tribunal) to affirm the refusal of an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), specifically within the Temporary Residence Transition stream. The applicant sought to have the Tribunal's decision reviewed.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.223 of the Migration Regulations 1994, which governs nominations for the Temporary Residence Transition stream of the Subclass 186 visa. This clause requires, among other things, that the nominated position has been approved by the Minister and has not been subsequently withdrawn, and that the visa application is made within six months of the nomination's approval.

The Tribunal found that the nomination lodged by Essnadel Pty Ltd on behalf of the applicant had not been approved at the time of the Tribunal's decision. Consequently, the Tribunal concluded that the applicant failed to satisfy the requirements of clause 186.223. As the applicant had not made claims in respect of any other visa streams, and the criteria for the Temporary Residence Transition stream were not met, the Tribunal affirmed the decision not to grant the visa.