Joseph (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Employer Nomination Scheme, Temporary Residence Transition stream, for the position of Cook. The applicants sought review of a decision not to grant them the visa.

The primary legal issue before the Tribunal was whether the applicants met the criteria set out in Part 186 of Schedule 2 to the Migration Regulations 1994, particularly clause 186.223, which pertains to the nomination of a position. This clause requires, among other things, that the nominated position has been approved, has not been withdrawn, is still available, and that the visa application was made within six months of the nomination's approval.

The Tribunal affirmed the decision not to grant the visa because the nominated position of 'Cook' did not have an approved nomination that had not been withdrawn. This was due to the nominator's failure to attend a scheduled Tribunal hearing and their subsequent failure to apply for reinstatement of the nomination application. Consequently, clause 186.223 was not met for either applicant. The Tribunal found that neither applicant met the prime requirements for any visa stream relevant to their application.