Kibria (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, specifically within the Temporary Residence Transition stream. The applicant sought review of a decision not to grant this visa. The Tribunal, presided over by Wan Shum, was tasked with determining whether the applicant met the relevant criteria for the visa.

The primary legal issue before the Tribunal was whether the nomination for the position of Cook, in relation to which the applicant was identified, had been approved by a delegate of the Minister. This was a crucial requirement under clause 186.223 of the applicable regulations, which stipulated that the nomination must be approved and that the position must be the one that was the subject of a declaration made as part of the visa application.

The Tribunal reasoned that the nomination for the Cook position was not approved by the Minister's delegate. The Tribunal itself had affirmed the delegate's decision not to approve the nomination on 17 December 2021. Despite being provided with an opportunity to comment on this information and a non-disclosure certificate, the applicants did not respond. Consequently, the Tribunal found that clause 186.223(2) was not satisfied, as the nomination had not been approved. As the applicant had only sought to satisfy the criteria for the Temporary Residence Transition stream and had failed to meet this essential requirement, the Tribunal affirmed the decision under review. The Tribunal therefore affirmed the decision not to grant the applicants Employer Nomination (Permanent) (Class EN) visas.