Kumar (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, Temporary Residence Transition stream, for the position of Motor Mechanic (General). The applicant, Mr. Kumar, sought review of a decision not to grant him and his family members the visa. The decision was heard by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause outlines the criteria for a nominated position in the Temporary Residence Transition stream, including the necessity of an approved nomination, the continued availability of the position, and the timing of the visa application relative to the nomination approval.

The Tribunal found that the applicant had not met the requirements of clause 186.223 because there was no approved nomination for the position of Motor Mechanic (General) for him. The applicant's oral evidence indicated that he had ceased employment with his former employer, Sonu Motors Pty Ltd, and that the position had subsequently been filled by another employee willing to work for a lower salary. As the applicant could not demonstrate an approved nomination for the position, the Tribunal concluded that the criteria for the visa were not satisfied. Consequently, the second and third applicants, as family members, also did not meet the criteria for the visa.

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