Panchal (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme). The applicant's nominator, AVP Solutions Pty Ltd, had its nomination application refused by the Department of Immigration and Border Protection on 1 February 2017, on the ground that the Minister had not approved the nomination. The applicant sought review of this decision before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant was the subject of an approved nomination. The Tribunal was required to determine if the applicant could satisfy the criteria for the visa in the absence of an approved nomination, particularly in light of the nominator's withdrawal of its review application and the applicant's failure to attend a scheduled hearing. The Tribunal also considered whether clause 186.311 of the Migration Regulations 1994 had been met.

The Tribunal reasoned that the applicant could not succeed in her visa application without an approved nomination. The nominator's application for review of the refusal of its nomination was withdrawn on 7 May 2019. The Tribunal had invited the applicant to provide information or comments regarding this withdrawal, warning that failure to do so by 27 May 2019 might lead to a decision being made without further steps. The applicant responded by requesting that her case be linked to new review applications lodged under a different employer, but did not provide a basis for the Tribunal to do so. Furthermore, the Tribunal found that clause 186.311 was not met, as neither the applicant nor any family member had satisfied the primary criteria for the grant of the Subclass 186 visa.

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