Jo (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, in the Temporary Residence Transition stream. The applicant sought review of a decision to refuse this visa. The Tribunal was required to determine whether the relevant employer nomination had been approved, as stipulated by clause 186.223 of the Migration Regulations.

The central legal issue was whether the applicant met the requirements of clause 186.223, specifically subclause (2), which mandates that the Minister has approved the nomination. The applicant's visa application was based on an employer nomination lodged by Green World Management Pty Ltd. The Tribunal noted that the Department had refused this nomination on 17 November 2016, and despite a natural justice invitation, no response was received. Subsequently, the Tribunal affirmed the Department's decision not to approve the nomination on 24 January 2019.

The Tribunal reasoned that clause 186.223(2) requires the nomination to be approved. As the associated nomination had not been approved by the Department and this decision was affirmed by the Tribunal, the applicant could not satisfy this essential criterion for the visa. The Tribunal had previously notified the applicant, both through correspondence and at a hearing, that the unapproved nomination would prevent her from succeeding in her review application. Consequently, as the applicant failed to meet the requirements of clause 186.223, the Tribunal affirmed the decision under review. The Tribunal also affirmed the decision in respect of a secondary applicant, as they did not meet the primary requirements for the visa and there was no evidence to suggest otherwise.