Palaniandy (Migration)

The Administrative Appeals Tribunal considered an application by an individual seeking an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Direct Entry stream for the position of Welder (First Class). The core dispute revolved around whether the applicant had met the requirements for an approved nomination as stipulated by clause 186.233 of the Migration Regulations.

The Tribunal was required to determine if the applicant had satisfied the criteria under clause 186.233, which necessitates an approved nomination for the position. This includes requirements such as the nomination identifying the applicant, being made in relation to the Direct Entry stream, the nominator being the prospective employer, the nomination not being withdrawn, the absence of adverse information or its reasonable disregard, the position remaining available, and the visa application being lodged within six months of the nomination's approval.

The Tribunal reasoned that the applicant's visa application had been refused by the Department because the nomination had initially been refused. Although the nomination was later affirmed by the Tribunal on 7 September 2022, the information before the Tribunal indicated that there was no nomination that had been approved by the Minister in relation to the applicant's visa application for the purposes of clause 186.233(3). As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had not met the essential requirement of an approved nomination, the Tribunal concluded that clause 186.233 was not met.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 186 visa.