Naz (Migration)

This matter concerned an application for Employer Nomination (Permanent) (Class EN) visas, Subclass 186 (Employer Nomination Scheme), in the Temporary Residence Transition stream. The applicants sought review of a decision to refuse their visa applications. The Tribunal was required to determine whether the applicants met the criteria for the Subclass 186 visa, specifically focusing on the requirement for an approved nomination.

The primary legal issue before the Tribunal was whether the applicants had satisfied clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause requires, among other things, that the nomination in relation to the position has been approved and has not been subsequently withdrawn, and that the visa application was made no more than six months after the nomination was approved. The Tribunal also considered whether the secondary visa criteria were met for the spouse and child of the primary applicant.

The Tribunal reasoned that the Department had refused the Company's nomination application. Despite the applicants lodging a review application with the Tribunal, they failed to provide any response or comment to information provided by the Department. As the nomination application had not been approved, the Tribunal concluded that the applicants did not meet the criteria in clause 186.223(2). Consequently, the Tribunal affirmed the decision to refuse the Subclass 186 visas to the primary applicant and, pursuant to clause 186.311, also affirmed the decision to refuse visas to the spouse and child, as they did not meet the secondary criteria and there was no evidence they met the primary criteria independently.