Pan (Migration)

This matter concerned an application for review of a decision by the Department of Immigration to refuse the approval of a nomination for an Employer Nomination (Permanent) visa, Subclass 186, under the Direct Entry stream. The applicant, NINE DINGS PTY LTD, sought review of this refusal before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.233 of the relevant migration regulations. This clause, in essence, mandates that the nominated position must be the subject of an approved nomination application, that the employer making the nomination is the entity that will employ the applicant, that the nomination has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was lodged within six months of the nomination's approval.

The Tribunal affirmed the Department's decision, finding that the nomination had not been approved. The Tribunal noted that while the applicant had been invited to provide comments on information that would lead to affirming the decision, and had been granted an extension of time, the applicant ultimately provided no further comment. The Tribunal also observed that the applicant initially indicated they would attend a scheduled hearing but later advised they would not. Based on the evidence, the Tribunal concluded that the applicant failed to satisfy clause 186.233, and therefore, the decision under review was affirmed.