O Neill (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Temporary Residence Transition stream. The applicant sought review of a decision not to grant this visa. The core of the dispute revolved around whether the applicant was the subject of an approved nomination for the position of Landscape Gardener.

The Tribunal was required to determine whether the applicant met the criteria for the visa, 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 This includes requirements that the nomination has been approved, not withdrawn, and that there is no adverse information concerning the nominator.

The Tribunal found that the application for approval of the nominated position made by A CLASS LANDSCAPING AND BRICK PAVING PTY LTD was refused by a delegate of the Minister. A subsequent review of this refusal was found to be outside the Tribunal's jurisdiction because the company had been deregistered. Consequently, there was no approved nomination, and no review of that refusal decision was pending. Despite acknowledging the applicant's long residence in Australia, his Australian permanent resident child, and his efforts to find alternative sponsorship, the Tribunal concluded that the applicant had not satisfied the essential criterion of being the subject of an approved nomination.

Therefore, the Tribunal affirmed the decision not to grant the applicant the Subclass 186 visa, as the requirements for the Temporary Residence Transition stream had not been met.