NIJJER (Migration)

The Administrative Appeals Tribunal considered a review application lodged by the nominator of Mr. Karamjit Singh Nijjer, who sought a Subclass 186 Employer Nomination (Permanent) visa under the Temporary Residence Transition stream. The core dispute concerned whether the employer's nomination for Mr. Nijjer's visa application had been approved, a prerequisite for visa grant.

The Tribunal was required to determine if the applicant met the requirements of clause 186.223(2) of the Migration Regulations 1994. This clause mandates that the Minister must have approved the nomination for the position to which the visa application relates. The Tribunal also had to consider whether the position remained available to the applicant and if the visa application was lodged within the prescribed timeframe after nomination approval.

The Tribunal reasoned that a critical element for the grant of the visa was an approved employer nomination. It noted that the delegate of the Minister had refused the employer nomination, and while the nominator sought review of this decision, the Tribunal ultimately affirmed the refusal. Consequently, there was no approved employer nomination in place. The Tribunal also advised the applicant of information received regarding allegations of payment for visa sponsorship, stating it would give no weight to anonymous allegations. Despite being invited to comment on the implications of the affirmed nomination refusal for his visa application, the applicant made no further submissions.

As the Tribunal affirmed the decision to refuse the employer nomination, it concluded that there was no approved nomination to satisfy clause 186.223(2). Therefore, Mr. Nijjer did not meet this essential criterion for the grant of the visa, and the Tribunal affirmed the decision under review.