Doddikindi (Migration)

This matter concerned an appeal by the applicant against the refusal of their Employer Nomination (Permanent) (Class EN) visa, specifically under the Temporary Residence Transition stream of the Subclass 186 Employer Nomination Scheme. The nominated position was that of a Database Administrator (ANZSCO 262111). The core of the dispute revolved around whether the applicant's sponsor nomination application met the requirements of the relevant regulations.

The legal issue before the Tribunal was whether the applicant was the subject of an approved nomination that satisfied all the prescribed criteria under clause 186.223 of the Migration Regulations. This clause requires, among other things, that the nominated position be the subject of an approved nomination application identifying the visa applicant, that the nomination has not been withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons (or such information is reasonable to disregard), that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal considered the applicant's submissions detailing their employment history and their assertion that they had fulfilled their duties diligently, despite allegedly adverse business conditions and the sponsor's "wrong business ethics." The applicant sought an opportunity to find another employer and argued they should not be penalised for the sponsor's conduct. However, the Tribunal's decision focused on the regulatory requirements for the nomination itself. The Tribunal affirmed the delegate's decision, finding that the nomination did not meet the necessary criteria, and therefore the visa could not be granted. The Tribunal's decision was to affirm the delegate's decision not to grant the applicants Employer Nomination (Permanent) (Class EN) visas.