Goswami (Migration)

The Administrative Appeals Tribunal considered the case of Mr. and Mrs. Goswami, who sought to obtain Employer Nomination (Permanent) (Class EN) visas, specifically under the Subclass 186 (Employer Nomination Scheme) Temporary Residence Transition stream. The core of the dispute revolved around the refusal of an employer nomination application made by Tiles Links Pty Ltd on behalf of Mr. Goswami, which was a prerequisite for the visa application.

The Tribunal was required to determine whether the applicants satisfied the criteria for the Subclass 186 visa, particularly clause 186.223, which mandates that the relevant employer nomination must have been approved. The Tribunal also needed to consider the visa application of Mrs. Goswami, which was contingent on Mr. Goswami meeting the visa requirements as a family unit member.

The Tribunal reasoned that clause 186.223(2) explicitly requires the Minister to have approved the nomination. The evidence before the Tribunal indicated that the nomination by Tiles Links Pty Ltd had been refused by the Department on 4 May 2017, and this refusal was affirmed by the Tribunal on 22 May 2019. Consequently, as the nomination was not approved, Mr. Goswami did not satisfy clause 186.223(2), and therefore did not meet the requirements for the visa. As Mr. Goswami failed to meet the criteria, Mrs. Goswami, as a secondary applicant, also failed to meet the criteria for the visa.

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