DATTA (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Employer Nomination Scheme, Temporary Residence Transition stream. The applicant's claim was based on a nominated position as a Conference and Event Organiser. The core dispute revolved around whether the applicant was the subject of an approved nomination for this position, a prerequisite for the visa.

The Tribunal was required to determine if the applicant met the criteria outlined in subregulation 186.223 of the Migration Regulations 1994. This involved assessing whether the nominated position was approved by the Minister, had not been withdrawn, and if there was any adverse information concerning the nominator or associated persons that could not be disregarded. Additionally, the Tribunal had to consider whether the position remained available to the applicant and if the visa application was lodged within six months of the nomination's approval.

The Tribunal's reasoning focused on the evidence presented, including the applicant's qualifications and work history, and the Department's electronic records. Crucially, the Tribunal noted that on 1 March 2018, the Department had informed the applicant that the nomination application underpinning his visa application had been refused. As the applicant had not satisfied the essential requirements for the Temporary Residence Transition stream, specifically the requirement for an approved nomination, the Tribunal concluded that the decision under review should be affirmed. Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 186 visa.