Ma (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Direct Entry stream. The applicant sought review of a decision to affirm the refusal of this visa. The core of the dispute revolved around whether the applicant had satisfied the criteria for an approved nomination for the position of ICT Business Analyst.

The Tribunal was required to determine whether the applicant had met the requirements of clause 186.233 of the Migration Regulations 1994, specifically concerning the approval of the nomination. This clause mandates that the position must be the subject of an approved nomination, that the nominator must be the prospective employer, that the nomination must not have been withdrawn, and that certain conditions regarding adverse information and the timing of the visa application relative to the nomination approval must be met.

The Tribunal found that the nominator, 3 Oceans Wine Company Pty Ltd, had applied for approval of its nomination on 20 November 2018, but this nomination was refused by a delegate for the Minister for Home Affairs on 15 August 2019. This refusal was subsequently affirmed by the Tribunal on 17 October 2022. As there was no information before the Tribunal indicating that the nomination had been approved, the Tribunal concluded that clause 186.233(3) had not been met. Consequently, the applicant had failed to satisfy the essential criteria for the visa in the Direct Entry stream.

The Tribunal affirmed the decision not to grant the applicant the Subclass 186 visa.