Dachris (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), specifically under the Direct Entry stream. The applicant sought to have the decision not to grant this visa reviewed by the Tribunal.

The central legal issue before the Tribunal was whether the applicant was the subject of an approved nomination for the position in question. This was a critical requirement for visa applications under the Direct Entry stream of the Subclass 186 visa.

The Tribunal considered that for applicants in the Direct Entry stream, clause 186.233 of the Regulations requires the position to be the subject of an approved nomination. In this case, the nomination of the applicant by Anakalypto Marketing Pty Ltd had been refused by the Department, and this refusal was affirmed by the Tribunal on review. Consequently, as the applicant was not the subject of an approved nomination, the criteria in clause 186.233(3) were not met. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had not met the essential requirements for that stream, the Tribunal affirmed the decision not to grant the visa.