Devlin (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, Temporary Residence Transition stream, before the Administrative Appeals Tribunal. The applicant sought review of a decision not to grant the visa.

The Tribunal was required to determine whether the applicant met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994. Specifically, the Tribunal needed to ascertain if the nominated position was the subject of an approved nomination that had not been withdrawn, if there was no adverse information concerning the nominator or associated persons, if the position remained available to the applicant, and if the visa application was made within six months of the nomination's approval.

The Tribunal found that the nominator, FORWARDCARPENTRY PTY LTD, applied to nominate the applicant for the position of Carpenter on 19 May 2021. However, this application for approval of the nominated position was refused by the Department on 18 November 2022, and the nominator did not seek merits review of that refusal. Consequently, the nomination was not approved, and the applicant was not the subject of an approved nomination, meaning clause 186.223 was not satisfied.

As the applicant had only sought to satisfy the criteria for the Temporary Residence Transition stream and had failed to meet the essential requirements of that stream, the Tribunal affirmed the decision not to grant the visa.