John Philip (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) regarding a decision to refuse an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 (Employer Nomination Scheme) Direct Entry stream for a Minister of Religion. The applicant sought to have the refusal of his visa application overturned.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.233 of the Migration Regulations 1994, which governs nominations for the Direct Entry stream of the Subclass 186 visa. This clause mandates several conditions, including that the nominated position must have been approved and not subsequently withdrawn, and that the visa application must have been made no more than six months after the nomination's approval.

The Tribunal found that at the time the applicant lodged his visa application, the nomination by the New Covenant Pentecostal Church was still pending and was subsequently refused by the Department. The Tribunal had previously affirmed this refusal in an earlier decision. Consequently, the Tribunal concluded that the applicant was not the subject of an approved nomination at the time of the Tribunal's decision, a mandatory requirement under clause 186.233(3). As the applicant failed to satisfy this essential criterion, and had not pursued any other visa streams, the Tribunal affirmed the decision not to grant the visa.