GROVER (Migration)

This matter concerned an application for review of a decision not to grant Employer Nomination (Permanent) (Class EN) visas, specifically under the Temporary Residence Transition stream of the Subclass 186 visa. The applicants were seeking to have the decision affirmed by the Tribunal. The employer, My Curry Rules Pty Ltd, had nominated a position of Café or Restaurant Manager for the primary applicant.

The Tribunal was required to determine whether the applicants met the criteria for the Subclass 186 visa, particularly clause 186.223, which pertains to the nomination of a position. This clause requires, among other things, that the nomination has been approved by the Minister and has not been subsequently withdrawn. The Tribunal also considered clause 186.311(a) concerning the eligibility of family members.

The Tribunal noted that the employer's nomination was initially refused by the Department on 14 March 2018, meaning it had not been approved as required by clause 186.223(2). Subsequently, on 23 August 2018, My Curry Rules Pty Ltd withdrew its application for review of this refusal. The Tribunal then found it no longer had jurisdiction to review the Department's decision not to approve the nomination. The Tribunal informed the applicants that this information would likely lead to the affirmation of the decision, as an approved nomination was a prerequisite for the visa grant. The applicants responded that they were unaware of the withdrawal and experienced difficulties obtaining financial information from their employer.

Given that the employer's nomination had not been approved and was subsequently withdrawn, the Tribunal concluded that the primary applicant did not meet the requirements of clause 186.223. Consequently, the second applicant, as a member of the family unit, could not meet the criteria under clause 186.311(a). The Tribunal affirmed the decision not to grant the visas.