Leorum (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Labour Agreement stream. The applicant sought review of a decision affirming the refusal of their visa application. The Cambodian Buddhist Association of Queensland Incorporated had nominated the applicant for the position of Minister of Religion (Monk).

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria set out in clause 186.242 of Schedule 2 to the Migration Regulations 1994. This clause requires, among other things, that the visa application relates to a position that has been nominated in accordance with a current labour agreement, that the nomination has been approved and not subsequently withdrawn, and that certain conditions regarding adverse information, position availability, and terms of employment are met.

The Tribunal found that the nomination application for the position of Minister of Religion (Monk) had been refused by a delegate of the Minister, and this refusal was affirmed by the Tribunal. Consequently, the position to which the applicant's visa application related was not the subject of an approved nomination in the Labour Agreement stream. As this fundamental criterion under cl 186.242 was not met, the Tribunal affirmed the decision under review. However, acknowledging the applicant's seven years of service providing community support and religious guidance to the Buddhist and Cambodian communities, the Tribunal decided to refer the case to the Department for consideration by the Minister under section 351 of the Migration Act 1958 for potential discretionary intervention.