Jilani (Migration)

This matter concerned an application for an Employer Nomination (Permanent) visa (Subclass 186) in the Direct Entry stream. The applicant sought review of a decision to refuse their visa application. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically clause 186.233 of the Migration Regulations 1994, which pertains to the nomination of a position.

The central legal issue was whether the position to which the applicant's visa application related was the subject of an approved nomination. Clause 186.233 requires that for the Direct Entry stream, the nominated position must be the subject of an application for approval under specific regulations. The Tribunal considered the applicant's submissions and noted that no evidence of an approved nomination had been provided.

The Tribunal found that the refusal of the related nomination application by Australian Biz Exchange Pty Ltd had been affirmed on review. As this was the nomination that was the subject of the declaration at the time the visa application was lodged, and it had not been approved, the Tribunal concluded that clause 186.233 was not met. Consequently, the primary applicant had not satisfied the criteria for the visa. The Tribunal also noted that the second applicant, who applied as a member of the primary applicant's family unit, also did not meet the criteria for the grant of the visa. The Tribunal affirmed the decision not to grant the Employer Nomination (Permanent) (Class EN) visas to the applicants.