Khan (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, Temporary Residence Transition stream. The applicant sought review of a decision to refuse the visa.

The primary legal issue before the Tribunal was whether the position to which the visa application related was the subject of an approved nomination, as required by clause 186.223 of the Migration Regulations 1994. This clause necessitates that the nomination has been approved, not subsequently withdrawn, and that certain conditions regarding adverse information, position availability, and the timing of the visa application relative to the nomination approval are met.

The Tribunal found that the nomination lodged by Cheap Mega Travel Pty Ltd was refused on 6 July 2018, and this refusal was affirmed by the Tribunal on 29 March 2021. As the nomination remained refused, the applicant could not satisfy the requirement that the position be the subject of an approved nomination. The applicant acknowledged understanding this requirement and agreed with the Tribunal's outline of the nomination's refusal history. Consequently, the Tribunal concluded that the primary applicant did not meet the criteria in cl.186.223, and by extension, the secondary applicants did not meet the criteria in cl.186.311. The Tribunal affirmed the decision not to grant the visas.