Khan (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the temporary residence transition stream. The applicant, who had been employed as a contract administrator for a significant period, sought to have the decision not to grant her the visa reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause mandates, among other things, that the nominated position must be the subject of an approved nomination that has not been withdrawn, and that the visa application must be made within six months of the nomination's approval.

The Tribunal noted that the nominator's application for approval of the nominated position had been refused by a delegate of the Minister and that this decision was affirmed by the Tribunal on review. Consequently, the nominator's application for the nominated position had not been approved. Although the applicant had been a diligent employee for a substantial period, she conceded that she did not have an approved nomination. The Tribunal accepted her explanation that she had not been informed by the nominator about the reasons for the refusal. However, as the requirement for an approved nomination under cl 186.223 was not met, the Tribunal affirmed the decision not to grant the visa. The Tribunal also found that the secondary applicants did not meet the requirements for the visa grant.