Parveen Kumar (Migration)

The Administrative Appeals Tribunal considered the case of Parveen Kumar, who sought review of a decision to refuse an Employer Nomination (Permanent) (Class EN) visa, specifically under the Temporary Residence Transition stream for the position of Cook. The core of the dispute revolved around whether the applicant met the requirements for an approved nomination.

The primary legal issue before the Tribunal was whether the applicant had satisfied clause 186.223 of the Migration Regulations 1994, which mandates that the position for which the visa is sought must be the subject of an approved nomination. This clause requires, among other things, that the nomination has been approved and not subsequently withdrawn, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the nominator's application for approval of the position of Cook was refused on 12 April 2018, and this refusal was subsequently affirmed by the Tribunal on 12 October 2020. As the nomination itself was not approved, the Tribunal found that the applicant could not satisfy clause 186.223(2). Despite inviting the applicant to comment on this information, no substantive response was provided. The Tribunal considered whether to adjourn the proceedings but concluded that given the applicant's awareness of the issues since 2018 and the advice provided at the hearing, further adjournment was not warranted. Consequently, the Tribunal affirmed the decision under review.