Kaur (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Temporary Residence Transition stream of the Subclass 186 visa. The applicant, Ms Kaur, sought review of a decision not to grant her this visa. The decision under review was affirmed by 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, which pertains to the nomination of a position for the Temporary Residence Transition stream. This clause requires, among other things, that the nomination has been approved and has not been subsequently withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons, that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval. A secondary issue was whether the case warranted referral to the Minister for intervention under section 351 of the Migration Act 1958.

The Tribunal reasoned that the applicant had failed to satisfy clause 186.223 because the nominated position had not been approved at the time of the Tribunal's decision. As this essential criterion was not met, the Tribunal found that the applicant did not qualify for the visa under the specified stream. Regarding the request for ministerial intervention, the Tribunal considered the relevant guidelines and concluded that the matter did not exhibit unique or exceptional circumstances that would justify such a referral, although it noted the applicant could make a direct request to the Minister.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 186 visa.