Habhab (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, Temporary Residence Transition stream, brought by the applicant and secondary applicants. The dispute arose because the nominator, the applicant's employer, had been deregistered. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant was the subject of an approved nomination for the visa.

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 mandates that the position to which the visa application relates must be the subject of an approved nomination that identifies the visa applicant, has not been withdrawn, and for which there is no adverse information known to Immigration, or such information is reasonable to disregard. Furthermore, the position must still be available to the applicant, and the visa application must have been made within six months of the nomination's approval.

The Tribunal reasoned that a previous decision had affirmed the Department's refusal of the nomination application, meaning there was no approved nomination before the Tribunal. Consequently, clause 186.223 was not met. As the primary applicant's visa application failed, and the secondary applicants' applications were combined with the primary applicant's, their applications also necessarily failed. The Tribunal affirmed the decision not to grant the Employer Nomination (Permanent) (Class EN) visas.