Kim (Migration)

The Administrative Appeals Tribunal considered the case of Kim (Migration), involving applicants seeking an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Direct Entry stream for the occupation of Web Administrator. The core dispute revolved around whether the applicants had an approved nomination for the position, a prerequisite for the visa.

The primary legal issue before the Tribunal was whether the applicants met the criteria outlined in clause 186.223(3) of Schedule 2 to the Migration Regulations 1994, specifically concerning the approval of a nomination for the Web Administrator position. This clause requires, among other things, that the nomination has been approved, has not been withdrawn, and that the visa application was made within six months of the nomination's approval.

The Tribunal affirmed the decision to refuse the visa applications because the nomination made by Tempmaster Pty Ltd for the position of Web Administrator had been refused by the delegate of the Minister for Immigration. Consequently, the subsequent review application before the Tribunal was also affirmed, meaning the nomination was not approved. The Tribunal had notified the applicants' migration representative of this information and invited comments, but no response was received. As the nomination was not approved, the applicants could not satisfy the requirements of clause 186.223(3). The Tribunal also affirmed the refusal of visas for the second, third, and fourth applicants, finding they did not meet the secondary criteria as family members and had not demonstrated they met the primary criteria in their own right.