KAUR (Migration)

The Administrative Appeals Tribunal considered the case of Ms Kaur, who sought review of a decision to refuse her Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Temporary Residence Transition stream). The applicant's visa application was linked to a nomination by Vensys Australia Pty Ltd.

The primary legal issue before the Tribunal was whether the position identified in Ms Kaur's visa application was the subject of an approved nomination that had not ceased, or a nomination refusal that was under review. This was crucial because regulation 186.223 of Schedule 2 to the Migration Regulations requires that the position be as it appears in a related nomination that has been approved, not withdrawn, or is the subject of a nomination refusal under review.

The Tribunal reasoned that while the applicant initially provided evidence of a nomination approval dated 19 January 2015, an Australian Securities and Investments Commission (ASIC) search revealed that Vensys Australia Pty Ltd, the nominator, had been deregistered on 19 August 2018. The Tribunal accepted that the deregistration of the nominator meant that the nomination itself had ceased to exist. Although the applicant argued that the company had changed ownership and continued to operate under a new owner, the Tribunal found that the deregistered entity was the nominator in relation to the visa application under review, and its cessation meant the nomination was no longer valid. Consequently, the Tribunal affirmed the decision not to grant the applicant's visa.