Khanguda (Migration)

This matter concerned an application for Employer Nomination (Permanent) (Class EN) visas, specifically under the Subclass 186 Temporary Residence Transition stream, for a position as a Mechanic. The primary applicant sought the visa, with secondary applicants also included. The Administrative Appeals Tribunal (AAT) reviewed a decision to refuse these visas.

The central legal issue before the Tribunal was whether the position to which the visa application related was the subject of an approved nomination that identified the first named applicant. This required determining if the nomination met the specific criteria outlined in clause 186.223 of the Migration Regulations, including that the nomination had been approved, not withdrawn, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that a critical requirement for the visa was an approved nomination. It noted that the nomination lodged by The Trustee for T-star Family Trust t/a My Mechanic Coburg Pty Ltd was refused on 27 September 2018. While the applicant indicated that his employer had sought review of this refusal and an appeal was pending in the Federal Circuit Court, the Tribunal found that, at the time of its decision, there was no evidence that the position was the subject of an approved nomination. Consequently, the Tribunal affirmed the decision not to grant the visas, as the primary applicant did not meet the necessary criteria, which in turn meant the secondary applicants could not meet their related criteria.