Meng (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, Temporary Residence Transition stream. The applicant sought review of a decision not to grant the visa. The Tribunal, constituted by Amanda Mendes Da Costa, was required to determine whether the applicant met the requirements of clause 186.223 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 186.223, which outlines the criteria for a nominated position in the Temporary Residence Transition stream. This clause requires, among other things, that the nomination has been approved, has not been withdrawn, and that the visa application was made within six months of the nomination's approval. The Tribunal also considered the implications of the nominator company's deregistration on the validity of the nomination.

The Tribunal found that the application for approval of the nominated position was refused on 23 August 2018. While the nominator sought review of this decision, the Tribunal ultimately found it lacked jurisdiction to review the delegate's decision due to the company's deregistration on 21 August 2020. Consequently, the nomination was not approved. As the applicant had not satisfied this primary criterion, and no other visa streams were pursued, the Tribunal affirmed the decision not to grant the visa. The applications of the second and third named applicants, who were family members, were also not reconsidered as the primary applicant had not met the eligibility requirements.