Nowicka (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Temporary Residence Transition stream (Subclass 186). The applicant sought review of a decision to refuse their nomination, which had been affirmed by the Tribunal. The core dispute revolved around whether the applicant was the subject of an approved nomination for the position.

The Tribunal was required to determine whether the applicant satisfied the criteria for a Subclass 186 visa in the Temporary Residence Transition stream, particularly clause 186.223, which mandates that the position to which the application relates must be the subject of an approved nomination that identifies the visa applicant. This includes requirements that the nomination has been approved, not withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination approval.

The Tribunal reasoned that the Department had refused the nomination application, and this decision was affirmed by the Tribunal on a previous occasion. The applicant was invited to comment on this information, which was relevant because an approved nomination is a prerequisite for the visa grant. The applicant submitted that the refusal was based on limited information and a mistake by their nominator's lawyer regarding training requirements, and that their company had successfully nominated another employee. However, the Tribunal concluded that the applicant had not met the essential requirement of having an approved nomination for the specified position.

Consequently, the Tribunal affirmed the decision not to grant the applicants Employer Nomination (Permanent) (Class EN) visas, as the criteria for the Temporary Residence Transition stream had not been satisfied.