Na Nakorn (Migration)

The Administrative Appeals Tribunal considered an application for review by Mr Na Nakorn concerning the refusal of an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, Temporary Residence Transition stream. The core dispute revolved around whether the applicant's position was the subject of an approved nomination or a pending nomination at the time of the visa application.

The Tribunal was required to determine if the applicant had satisfied the criteria for the grant of the visa, specifically whether there was an approved nomination for the position in question. The applicant, through their migration agent, had provided submissions detailing a history of nomination applications, including an initial refusal, the lodging of a new nomination and visa application, notification of incorrect occupation, and subsequent refusal of an amendment request.

The Tribunal reasoned that the applicant had not provided sufficient evidence to satisfy the Tribunal that they had a valid nomination or a pending nomination review application relevant to the visa application under review. While acknowledging the submissions and attached documents, including correspondence with the Department and a previous Tribunal decision, the Tribunal found the earlier decision to be irrelevant to the current circumstances. The Tribunal noted that even if the applicant's "fresh application" were approved, there was no linked nomination application before the Tribunal. The Tribunal applied the requirements of Subclass 186 visa, Temporary Residence Transition stream, which necessitate an approved nomination.

Consequently, the Tribunal affirmed the decision not to grant the applicant the visa, finding that the essential requirements for the visa in the Temporary Residence Transition stream had not been met.