Holtom (Migration)

The applicant sought to satisfy the criteria for a Subclass 186 visa in the Temporary Residence Transition stream. The applicant's nominated position was the subject of an approved nomination, but this nomination was subsequently refused. The applicant requested an extension of time to lodge an appeal at the Federal Circuit Court, which was declined. The Tribunal affirmed the decision not to grant the visa.

The legal issue before the Tribunal was whether the applicant met the requirements for a Subclass 186 visa in the Temporary Residence Transition stream, specifically in light of the refusal of the nomination. The Tribunal was required to consider the provisions of regulation 186.223 of the Migration Regulations 1994.

The Tribunal reasoned that the applicant had not satisfied the requirements for the visa in the Temporary Residence Transition stream. The decision under review, which affirmed the refusal to grant the visa, was therefore affirmed by the Tribunal. The Tribunal noted that no claims were made in respect of other visa streams.