KIM (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Temporary Residence Transition stream. The applicant, a pastor, sought review of a decision to refuse the visa. The dispute centred on whether the applicant met the criteria for the visa, specifically in relation to an approved nomination. The decision was made by Wan Shum, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 186.223(2) of the Migration Regulations 1994, which mandates that the position to which the visa application relates must be the subject of an approved nomination. The Tribunal also considered whether the applicant met the broader criteria for a Subclass 186 visa under the Temporary Residence Transition stream.

The Tribunal reasoned that a prerequisite for approving the nomination was that the applicant must have held a Subclass 457 visa. As the applicant did not hold this visa, the nomination could not be approved. Consequently, the Tribunal affirmed a prior decision that the nomination was not approved. Because clause 186.223(2) requires an approved nomination, and this criterion was not met, the applicant could not satisfy the requirements for the visa under the Temporary Residence Transition stream.

The Tribunal affirmed the decision not to grant the applicants Employer Nomination (Permanent) (Class EN) visas.