MANANDHAR (Migration)

The Administrative Appeals Tribunal affirmed the decision of the Minister to refuse to grant Employer Nomination (Permanent) (Class EN) visas, specifically under the Subclass 186 (Employer Nomination Scheme) – temporary residence transition stream, to the applicants. The applicants sought these visas as a restaurant or café manager, based on an approved position nomination.

The Tribunal was required to determine whether the applicants met the criteria for the Subclass 186 visa, particularly in light of the refusal of a related position nomination. The applicants also sought to rely on their preference to remain in Australia and compassionate considerations, and their status as a member of a family unit.

The Tribunal affirmed the delegate's decision, finding that the applicants had not satisfied the requirements for the visa. The decision indicates that the applicants' preference to remain in Australia and any compassionate considerations were not sufficient to overcome the failure to meet the substantive visa criteria, nor was their status as a member of a family unit determinative in this context. The Tribunal concluded that the refusal of the position nomination was a critical factor that prevented the grant of the visa.