Jaura (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision not to grant the applicant an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, Temporary Residence Transition stream. The applicant was identified as the person to fill a position nominated by Blue Gulabi Pty Ltd.

The primary legal issue before the Tribunal was whether the applicant met criterion cl.186.223 of the Migration Regulations 1994. This criterion requires, among other things, that the position to which the visa application relates must be the subject of an approved nomination that has not been withdrawn, and that the visa application must be made within six months of the nomination's approval. The Tribunal also considered cl.186.311, which requires the applicant to be a member of the family unit of a person who holds a subclass 186 visa granted on the basis of satisfying primary criteria.

The Tribunal reasoned that it had invited the applicant to provide further information or comments pursuant to s.359A of the Migration Act 1958, but the applicant failed to do so within the prescribed period. Consequently, the Tribunal proceeded to a decision without further steps, and the applicant was not entitled to a hearing. The Tribunal noted that the nomination made by Blue Gulabi Pty Ltd had been refused on 27 November 2018. As a result, the position to which the visa application related was not the subject of an approved nomination, meaning cl.186.223(2) was not satisfied. Furthermore, the Tribunal found that neither the applicant nor any family member had satisfied the primary criteria for the grant of the subclass 186 visa, and therefore cl.186.311 was not met.

The Tribunal affirmed the decision not to grant the applicants the Employer Nomination (Permanent) (Class EN) visas.