Leemets (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Temporary Residence Transition stream. The applicant sought review of a decision not to grant the visa. The core of the dispute revolved around whether the applicant met the specific criteria for this visa subclass, particularly concerning the nomination of a position.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 186.223 of the Migration Regulations. This clause outlines several requirements for the nominated position, including that the nomination must have been approved and not withdrawn, that there must be no adverse information known to Immigration about the nominator or associated persons (or such information must be reasonably disregarded), that the position must remain available to the applicant, and that the visa application must be made within six months of the nomination's approval.

The Tribunal found that the nomination of the applicant for the position of Carpenter had not been approved. Consequently, the Tribunal concluded that the requirements of clause 186.223 were not met. As the applicant had only sought to satisfy the criteria for the Temporary Residence Transition stream and had failed to meet these essential requirements, the Tribunal affirmed the decision not to grant the visa. The Tribunal also noted that there was no persuasive material to warrant a recommendation for Ministerial Intervention, though the applicants could pursue this avenue themselves.