Lin (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Ms Lin for an Employer Nomination (Permanent) visa (Subclass 186). The dispute arose because Ms Lin was not the subject of an approved nomination at the time of the AAT's decision. Ms Lin also failed to attend the hearing before the Tribunal.

The primary legal issue before the AAT was whether it had the jurisdiction to proceed with the review of Ms Lin's visa application in circumstances where the essential requirement of an approved nomination had not been met. The Tribunal also had to consider the implications of Ms Lin's non-attendance at the hearing.

In its reasoning, the AAT referred to the relevant provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth), which establish the criteria for a Subclass 186 visa. The Tribunal noted that an approved nomination is a prerequisite for the grant of this visa. As there was no approved nomination, the AAT concluded that it lacked the power to make a decision in favour of Ms Lin. The Tribunal also considered the impact of Ms Lin's failure to attend the hearing, which further prevented it from obtaining the necessary information to assess her application.

The AAT determined that it could not grant the visa and therefore affirmed the decision under review.