Kayastha (Migration)

The Administrative Appeals Tribunal considered the case of Kayastha concerning an application for a Subclass 186 (Employer Nomination Scheme) visa, Temporary Entrance Transition stream. The applicant sought review of a decision to refuse this visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 186 visa, specifically clause 186.223, which requires an approved nomination for the position. The Tribunal also had to consider the applicant's response, or lack thereof, to a communication from the Tribunal regarding information that suggested the nomination had not been approved.

The Tribunal's reasoning focused on the requirement for an approved nomination. It noted that the Department of Home Affairs had refused the nomination on 9 April 2018, and the nominator had not sought a review of this decision. Consequently, the nomination remained refused, meaning the applicant did not have an approved nomination as required by clause 186.223. The Tribunal had invited the applicant to comment on this information, but no response was received. As the applicant had not satisfied this essential criterion for the visa, the Tribunal affirmed the decision under review.