Karunaratna (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically within the Temporary Residence Transition stream. The applicant sought review of a decision not to grant the visa. The Administrative Appeals Tribunal (AAT) considered the evidence and submissions presented.

The primary legal issue before the Tribunal was whether the position to which the applicant's visa application related was the subject of an approved nomination, as required by clause 186.223 of the Migration Regulations 1994. This clause mandates that the nomination must have been approved, not subsequently withdrawn, and that certain conditions regarding adverse information and the availability of the position must be met, along with a time limit for the visa application after nomination approval.

The Tribunal reasoned that the nomination lodged by Smart Graphics & Signs Pty Ltd was refused on 9 February 2018. Although the company applied for a review of this refusal, they subsequently withdrew their appeal on 24 March 2020. As the relevant nomination had been refused and the subsequent appeal withdrawn, the Tribunal concluded that the criterion of an "approved nomination" under clause 186.223 was not met. Since the applicant had only sought to satisfy the criteria for the Temporary Residence Transition stream and these requirements were not met, the Tribunal affirmed the decision not to grant the visa.