Khanji (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), under the Direct Entry stream. The applicant sought review of a decision to refuse the visa, which was based on an unapproved nomination by Tyk Group Pty Ltd for the position of Transport Company Manager. The case was heard by a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 186 visa, specifically clause 186.233, which requires the position to be the subject of an approved nomination. The Tribunal was also required to consider whether the applicant had satisfied the primary criteria for the visa grant.

The Tribunal reasoned that an approved nomination is a prerequisite for meeting clause 186.233 and thus satisfying the primary criteria for the visa. The applicant acknowledged that the nomination made by Tyk Group Pty Ltd had been refused, and the Tribunal was satisfied that there was no approved nomination. Consequently, the Tribunal found that clause 186.233 was not met. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet the essential requirements, the decision under review was affirmed. The Tribunal affirmed the decision not to grant the applicant the visa.