Islam (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, specifically within the Temporary Residence Transition stream. The applicant sought to have a decision of the Department of Home Affairs affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause outlines several criteria for a nominated position, including that the nomination must have been approved and not subsequently withdrawn, that there must be no adverse information known to the Department about the nominator or associated persons, that the position must still be available to the applicant, and that the visa application must have been made within six months of the nomination's approval.

The Tribunal considered evidence from the Australian Securities and Investments Commission (ASIC) which indicated that the sponsoring company, Rose View Corporate Pty Ltd, had been deregistered on 3 November 2019, prior to the Tribunal's decision. The Tribunal had invited the applicant to comment on this information and to attend a hearing, but the applicant did not respond to these invitations. As the nominator had ceased trading and was deregistered, the Tribunal concluded that the requirement that the position be still available to the applicant could not be met.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 186 visa, as the applicant had failed to satisfy the essential criteria for the Temporary Residence Transition stream.