Jatoonah (Migration)

The applicant, Jatoonah, sought judicial review of a decision by the Migration Review Tribunal (MRT) which affirmed the refusal of his Subclass 856 (Employer Nomination Scheme) visa. The nomination for this visa had been made by GMS Petroleum.

The primary legal issue before the court was whether the applicant met the relevant criteria for the grant of an Employer Nomination (Residence) (Class BW) visa, specifically concerning the approval and continued availability of the nominated employment. Clause 856.221 of the Regulations required that the nominated appointment be approved and not withdrawn at the time of decision, and that it continue to satisfy the criteria for approval and remain available to the applicant.

The Tribunal found that the nomination by GMS Petroleum had been refused by the Department on 8 October 2013, and this decision was affirmed by the Tribunal on 14 November 2014. As the applicant had not met the criteria for the Subclass 856 visa, the Tribunal affirmed the decision not to grant the visa. The Tribunal also considered and declined a request to refer the matter to the Minister, noting that the applicant was free to pursue such an application independently with the assistance of his migration agent.