Mercado (Migration)

This matter concerned an appeal to the Tribunal by applicants seeking an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 (Employer Nomination Scheme) Direct Entry stream. The core dispute revolved around whether the primary applicant met the eligibility criteria for this visa subclass, particularly in light of the withdrawal of the employer's nomination application.

The Tribunal was required to determine if the primary applicant satisfied criterion 186.233 of the Migration Regulations 1994. This criterion mandates that the nominated position must have been approved and not subsequently withdrawn, among other conditions. The Tribunal also considered whether the dependents included in the application could meet the visa criteria, given their status as members of the primary applicant's family unit.

The Tribunal's reasoning focused on the requirement that the nomination must not have been withdrawn. As the nomination application made by ACOR Consultants Pty Ltd was withdrawn, the Tribunal concluded that the primary applicant failed to meet criterion 186.233. The Tribunal had granted the applicants an extension of time to provide further materials, but no additional information was received. Consequently, as the primary applicant did not meet the necessary criteria for the Direct Entry stream, and the other applicants were dependents of the primary applicant, they too were unable to satisfy the requirements for the Subclass 186 visa.

The Tribunal affirmed the decision not to grant the applicants Employer Nomination (Permanent) (Class EN) visas.