Jaspreet (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Temporary Residence stream of the Subclass 186 (Employer Nomination Scheme) visa. The applicant, Jaspreet, sought review of a decision not to grant the visa. The employer, K P Sidhu Investments Pty Ltd, had lodged a nomination application which was initially refused by the Department, and this refusal was affirmed on review by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant was the subject of an approved nomination, as required by clause 186.223 of the Regulations for applicants in the Temporary Residence Transition stream. This clause mandates that the position must be the subject of an approved nomination application under regulation 5.19(3), and the applicant must have been identified in that nomination as the relevant Subclass 457 visa holder.

The Tribunal reasoned that as the employer's nomination application had been refused and no appeal was lodged by the sponsor, the applicant was not the subject of an approved nomination. Consequently, the applicant did not satisfy the criteria in clause 186.223(2). The Tribunal declined to delay its decision pending a further nomination application lodged by the employer, noting that any new nomination would not be relevant to the current visa application. As the applicant failed to meet the primary criteria for the visa, and the second applicant applied as a member of the family unit, the Tribunal affirmed the decision not to grant the visas to either applicant.