Devanaboyina (Migration)

The Administrative Appeals Tribunal considered an application by the applicants for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the temporary residence transition stream. The dispute centred on whether the nominated position for a database administrator was the subject of an approved nomination, a prerequisite for the visa grant.

The primary legal issue before the Tribunal was to determine if the applicants met the criteria for a Subclass 186 visa, specifically clause 186.223, which requires the nominated position to be the subject of an approved nomination that has not been withdrawn, and for which there is no adverse information known to Immigration, among other conditions. The Tribunal also considered clause 186.321 concerning the eligibility of secondary applicants as members of the primary applicant's family unit.

The Tribunal reasoned that the nomination application lodged by the nominating business had been refused by the Department on 27 July 2019, and this decision was affirmed by the Tribunal on 12 May 2023. Consequently, there was no approved nomination to satisfy clause 186.223(2). As the primary applicant did not meet this essential criterion, the secondary applicants, who must be members of the family unit of a primary applicant who holds the visa, also failed to satisfy the requirements of clause 186.321. The Tribunal noted that no claims were made in respect of other visa streams.

Accordingly, the Tribunal affirmed the decision not to grant the applicants Employer Nomination (Permanent) (Class EN) visas.