Olley (Migration)

The Administrative Appeals Tribunal considered an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), specifically under the temporary residence transition stream. The applicant, a building associate, sought this visa based on a nominated position by Remedial Technologies Australia PTY LTD. The core of the dispute revolved around whether the applicant met the criteria for this visa subclass, particularly concerning the nominated position.

The Tribunal was required to determine if the applicant satisfied the requirements of clause 186.223 of the Migration Regulations. This clause mandates that the nominated position must have been approved by the Minister, not subsequently withdrawn, and that certain conditions regarding adverse information and position availability must be met. Additionally, the visa application must have been lodged within six months of the nomination's approval.

The Tribunal reasoned that a critical element of clause 186.223, specifically subclause (2) requiring ministerial approval of the nomination, had not been met. Based on the evidence before it, the Tribunal found that the nomination had not been approved at the time of the Tribunal's decision. Consequently, the applicant failed to meet the requirements of clause 186.223 for the Temporary Residence Transition stream.

As the applicant had not satisfied the essential criteria for the visa subclass, the Tribunal affirmed the decision not to grant the applicant the Employer Nomination (Permanent) (Class EN) visa.