Oh (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Temporary Residence Transition stream. The applicant sought review of a decision not to grant the visa. The Tribunal was required to determine whether the applicant met the criteria for the visa.

The primary legal issue before the Tribunal was whether the position to which the applicant's visa application related was the subject of an approved nomination, as required by clause 186.223 of the Migration Regulations 1994. This clause mandates that the nomination must have been approved by the Minister, not subsequently withdrawn, and that certain conditions regarding adverse information and the availability of the position must be met. Additionally, the visa application must have been made within six months of the nomination's approval.

The Tribunal found that the nomination lodged by NS Waterland Pty Ltd was refused by a delegate of the Minister on 31 August 2022, and no application for merits review of this refusal was made. Consequently, the nomination had not been approved. As the essential criterion under clause 186.223(1) and (2) was not met, the Tribunal concluded that the applicant had failed to satisfy the requirements for the Subclass 186 visa in the Temporary Residence Transition stream. The Tribunal affirmed the decision not to grant the visa.