KASHYAP (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Temporary Residence Transition stream, for a position as a Cook. The applicant's employer, GRM Corporation (Aus) Pty Ltd ATF Gurmeet Ram Mehmi Trust, had made a nomination in relation to the applicant, which was subsequently refused. The applicant sought review of this refusal before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.223 of the Migration Regulations 1994. This clause, in essence, requires that the position for which the visa is sought must be the subject of an approved nomination, that the nomination must not have been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that a prerequisite for meeting clause 186.223 was that the nomination must have been approved. As the Tribunal had affirmed the decision to refuse the approval of the nomination made by GRM Corporation (Aus) Pty Ltd ATF Gurmeet Ram Mehmi Trust, the applicant could not satisfy subclause 186.223(2). Consequently, the applicant did not meet the overall requirements of clause 186.223. The Tribunal provided the applicant with an opportunity to comment on this proposed finding before making its final decision.

The Tribunal affirmed the decision not to grant the applicants the Employer Nomination (Permanent) (Class EN) visas, as the applicant failed to satisfy the requirement of an approved nomination. The Tribunal noted that the applicants could still make a direct request to the Minister.