Katara (Migration)

The Administrative Appeals Tribunal considered the case of Katara (Migration), involving an applicant seeking an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Temporary Residence Transition stream. The dispute centred on the refusal of the visa application, which the applicant sought to have reviewed.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 186 visa in the Temporary Residence Transition stream, specifically clause 186.223. This clause requires, among other things, that the position to which the application relates must be the subject of an approved nomination that has not been withdrawn, and that the visa application must be made within six months of the nomination's approval.

The Tribunal reasoned that the nomination application for the position had been refused by a delegate of the Minister, and a subsequent application for merits review of that refusal was found to be outside the Tribunal's jurisdiction. Consequently, the Tribunal concluded that the position was not the subject of an approved nomination as required by clause 186.223. As the applicant failed to meet this primary criterion, the Tribunal found that the secondary applicants, as family members, also did not satisfy the criteria for the visa. The Tribunal affirmed the decision not to grant the applicants the Employer Nomination (Permanent) (Class EN) visas.