Foley (Migration)

This matter concerned an application for review of a decision to refuse an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the direct entry stream. The applicant sought to have the Tribunal affirm the delegate's decision to refuse the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of cl.186.233 of Schedule 2 to the Regulations, specifically concerning the nomination of the position by Le Fringe Hair Salon Pty Ltd. This clause requires, among other things, that the position be the subject of an approved nomination, that the nominator be the prospective employer, that the nomination has not been withdrawn, and that the visa application was made within six months of the nomination's approval.

The Tribunal noted that the nomination relating to the applicant's position as a Hairdresser was refused on 1 March 2019. While an application for review of this refusal was lodged by Le Fringe Hair Salon Pty Ltd, this review application was subsequently withdrawn on 21 February 2020. The Tribunal was satisfied that there was no approved nomination for the position specified in the applicant's visa application, and therefore, cl.186.233 was not met. As the applicant had only sought to satisfy the criteria for the direct entry stream and had not met the essential requirements for that stream, the Tribunal affirmed the decision under review.