KAUR (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Temporary Residence Transition stream. The applicant had been nominated by CS Universal Pty Ltd for a position as a Sales and Marketing Manager. The core dispute revolved around whether the nominated position remained available to the applicant at the time of the visa application.

The legal issue before the Tribunal was whether the applicant satisfied the requirements of clause 186.223(4) of the Migration Regulations. This clause mandates that the nominated position must still be available to the applicant. The Tribunal also considered the implications for secondary applicants who applied as members of the primary applicant's family unit.

The Tribunal reasoned that evidence before it indicated that the nominating business, CS Universal Pty Ltd, had been deregistered and its Australian Business Number (ABN) cancelled. Consequently, the Tribunal found that the nominated position was no longer available to the applicant. As clause 186.223(4) was not satisfied, the applicant did not meet the overall requirements of clause 186.223. Given that the primary applicant failed to meet the visa criteria, and there was no evidence that the secondary applicants met the primary requirements independently, the Tribunal concluded that the decision to refuse the visa should be affirmed.