Orlowe (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 to refuse the visa. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically concerning the nomination of the position.

The primary legal issue before the Tribunal was whether the nomination for the Customer Service Manager position had been approved, as required by clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause mandates that the nomination must be approved, not subsequently withdrawn, and that certain conditions regarding adverse information and the availability of the position must be met. The Tribunal also considered the secondary criteria for the spouse and children of the applicant.

The Tribunal reasoned that the Department had refused the Company's nomination application, and this refusal was affirmed on review by the Tribunal. As the nomination application had not been approved, the applicant could not satisfy the requirements of clause 186.223(2). Furthermore, the applicants failed to provide any response or comment to information provided by the Tribunal regarding the unapproved nomination. Consequently, the Tribunal found that the applicant did not meet the criteria for the Subclass 186 visa in the Temporary Residence Transition stream.

The Tribunal affirmed the decision not to grant the Employer Nomination (Permanent) (Class EN) visas to the applicant and their spouse and children, as they did not meet the primary visa criteria and the family members did not meet the secondary criteria.