IKEDA (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Temporary Residence Transition stream. The applicant sought review of a decision to affirm the refusal of their visa application. The Tribunal, constituted by Susan Trotter, was required to determine whether the applicant met the requirements of clause 186.223(2) of the Migration Regulations 1994.

The central legal issue was whether the applicant had satisfied the criteria for an approved nomination under the Temporary Residence Transition stream. Specifically, the Tribunal considered whether the nomination had been approved and not subsequently withdrawn, whether there was any adverse information concerning the nominator or associated persons, if the position remained available to the applicant, and if the visa application was made within six months of the nomination approval.

The Tribunal found that the nomination application lodged by the nominator had been refused by the Department and that this refusal was affirmed by the Tribunal on a prior occasion. Consequently, there was no approved nomination before the Tribunal. As an approved nomination is a mandatory requirement under clause 186.223(2), the Tribunal concluded that the applicant had failed to meet this essential criterion.

The Tribunal affirmed the decision not to grant the applicant the Subclass 186 visa, as the applicant had not satisfied the requirements for the Temporary Residence Transition stream.