Patel (Migration)

This matter concerned an application for review before the Administrative Appeals Tribunal (AAT) by a visa applicant seeking an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Temporary Residence Transition stream. The core dispute revolved around whether the applicant met the criteria for an approved nomination, which was a prerequisite for the visa. The nominator had been placed into liquidation prior to the hearing of the appeal.

The legal issue before the Tribunal was whether the visa applicant satisfied the requirements of clause 186.223 of the Migration Regulations 1994, specifically concerning the approval of a nomination for the position of Sales and Marketing Manager. This clause requires, among other things, that the nomination has been approved, has not been withdrawn, the position remains available, and the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the applicant could not satisfy clause 186.223 because there was no approved nomination linked to their visa application. The applicant themselves acknowledged this fact during the hearing. The Tribunal noted that the nominator had been placed into liquidation, and it was unable to obtain a response from the liquidator. Consequently, the Tribunal found that the essential requirement of an approved nomination, as stipulated in cl.186.223(2), was not met.

The Tribunal affirmed the delegate's decision not to grant the visa. The applicant had only sought to satisfy the criteria for the Temporary Residence Transition stream of the Subclass 186 visa, and as these requirements were not met, the decision under review was affirmed.