Li (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Temporary Residence Transition stream, for a position as a Café or Restaurant Manager. The applicant sought to have a decision of the Department of Home Affairs, which refused to grant the visa, reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of a Subclass 186 visa as set out in Schedule 2 to the Migration Regulations 1994. This involved determining whether the nominated position met the requirements of clause 186.223, including whether the nomination had been approved, had not been withdrawn, whether there was any adverse information concerning the nominator or associated persons, if the position remained available, and if the visa application was made within the prescribed timeframe after nomination approval.

The Tribunal considered the evidence and noted that a previous decision had been made on 8 October 2020 to affirm a decision regarding the nomination under regulation 5.19. The Tribunal informed the applicant that without an approved nomination, she would not satisfy the necessary criteria under clause 186.223(2) for the visa grant, which would lead to the affirmation of the decision under review. The applicant was given an opportunity to respond to this information.

Ultimately, the Tribunal concluded that the applicant had not met the requirements for the Subclass 186 visa in the Temporary Residence Transition stream. Consequently, the Tribunal affirmed the decision not to grant the visa to the applicant and her family unit.