KAUR (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Temporary Residence Transition stream. The applicant sought review of a decision not to grant the visa. The core of the dispute revolved around the validity of the nomination for the position, which was made by KMZK CORPORATION PTY LTD.

The Tribunal was required to determine whether the applicant met the criteria for a Subclass 186 visa in the Temporary Residence Transition stream, particularly clause 186.223, which outlines requirements for an approved nomination. This included whether the nomination had been approved, if the position remained available, and if the application was made within the prescribed timeframe.

The Tribunal found that the applicant had not satisfied clause 186.223 because the nominator, KMZK CORPORATION PTY LTD, had been deregistered and ceased to exist as a legal entity. Consequently, its application for the nominated position had not been approved, and the Tribunal lacked jurisdiction to review the refusal of that nomination due to the nominator's deregistration. As the essential criteria for the visa stream were not met, the Tribunal affirmed the decision not to grant the visa.