Mann (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking an Employer Nomination (Permanent) (Class EN) visa. The central dispute revolved around whether the position for which the applicant was nominated was the subject of an approved nomination, as required by clause 186.223 of the Migration Regulations.

The Tribunal was required to determine if the applicant met the criteria under clause 186.223, specifically whether the nominated position had been approved and had not been withdrawn, and if there was no adverse information concerning the nominator or associated persons, or if such information could be disregarded. Additionally, the Tribunal had to consider whether the position remained available to the applicant and if the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the nomination lodged by BHK Pty Ltd was refused on 2 October 2018. Subsequent review proceedings were terminated due to the deregistration of the nominator. Despite the applicant's submissions regarding perceived unfairness and her personal circumstances, the Tribunal concluded that there was no evidence that the position was the subject of an approved nomination. The Tribunal applied clause 186.223, noting that the applicant confirmed her understanding of the requirement for an approved nomination.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Employer Nomination (Permanent) (Class EN) visa, as the applicant did not meet the criteria set out in clause 186.223.