Nasri (Migration)

The Administrative Appeals Tribunal considered a decision concerning an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Temporary Residence Transition stream. The applicant sought to have the Tribunal review a decision to refuse the visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.223 of the Migration Regulations. This clause mandates, among other things, that for the Temporary Residence Transition stream, the nominated position must have been the subject of an approved nomination application that has not been subsequently withdrawn.

The Tribunal affirmed the delegate's decision to refuse the visa. The delegate's decision record indicated that the nomination application made by Londy Pty Ltd (trading as Purely Commercials) had been withdrawn on 19 April 2016. As the requirement that the nomination has been approved and not subsequently withdrawn was not met, the applicant failed to satisfy clause 186.223. The Tribunal noted that no claims were made in respect of other visa streams.