Mo (Migration)

The applicant, Mo, sought review of a decision by the Migration Review Tribunal which affirmed a delegate's refusal to grant a Subclass 186 Employer Nomination (Permanent) (Class EN) visa. The sponsoring employer, Macquarie Languagelinks Group Pty Ltd, had its employment nomination refused by the delegate on 19 February 2020.

The central legal issue before the Tribunal was whether the primary applicant, and consequently the other applicants, could satisfy the visa requirements given the employer's nomination had been refused and no review of that refusal decision was sought. Specifically, the Tribunal had to determine if the applicants could meet the criteria stipulated in clauses 186.233 and 186.311 of the relevant migration regulations.

The Tribunal reasoned that the refusal of the employer's nomination was a critical impediment to the applicants' eligibility for the visa. As Macquarie Languagelinks Group Pty Ltd did not pursue a review of the nomination refusal, the nomination remained refused. Consequently, the primary applicant could not satisfy the requirement of having an approved nomination under clause 186.233, and by extension, the other applicants could not meet the requirements of clause 186.311. The Tribunal therefore affirmed the delegate's decision to refuse the visa applications.