Gurmeza (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Temporary Residence Transition stream, for a Wall and Floor Tiler. The applicant sought review of a decision that affirmed the refusal to grant the visa. The Tribunal was required to determine whether the nomination to which the visa application related was approved, as mandated by the relevant migration regulations.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 186.223 of the Migration Regulations 1994. This clause, as applicable to the Temporary Residence Transition stream, requires, among other things, that the nomination has been approved and not subsequently withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons, that the nominated position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal noted that on 7 February 2020, it had affirmed a decision to refuse an employer nomination lodged by Christi Contractors Pty Ltd. Subsequently, on 11 February 2020, the Tribunal invited the applicant to comment on information indicating they might not meet clause 186.223(2) as a result of the affirmed decision. As no response was received from the applicant, the Tribunal concluded that clause 186.223(2) was not met, and consequently, clause 186.223 as a whole was not satisfied. The applicant had only sought to satisfy the criteria for the Temporary Residence Transition stream, and as these requirements were not met, the Tribunal affirmed the decision not to grant the visa.