Dang (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an application for a Subclass 186 (Employer Nomination Scheme) visa in the Direct Entry stream. The applicant sought to have the Department of Home Affairs' refusal of their visa grant overturned.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.233 of the Migration Regulations 1994, specifically concerning the nomination of the position for which the visa was sought. This clause mandates that the nomination must have been approved by the Department and not subsequently withdrawn.

The Tribunal reasoned that the applicant's nominated position had been refused by the Department of Home Affairs on 13 September 2019. An application for review of this refusal by the nominator was found by the Tribunal to be outside its jurisdiction on 6 February 2020. Consequently, the Department's original decision refusing the nomination stood, meaning the nomination was not approved. As an approved nomination is a prerequisite for a Subclass 186 visa under clause 186.233, the applicant could not satisfy this essential criterion.

The Tribunal affirmed the decision not to grant the applicant the visa, concluding that the applicant had failed to meet the requirements for the Subclass 186 visa in the Direct Entry stream.