Pitaksakseree (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Temporary Residence Transition stream. The applicant, Mr. Pitaksakseree, sought review of a decision not to grant the visa. The core of the dispute revolved around the requirement for the position to which the visa application related to be the subject of an approved nomination.

The Tribunal was required to determine whether the applicant met the criteria for the Subclass 186 visa, particularly clause 186.223 of Schedule 2 to the Regulations. This clause mandates that for the Temporary Residence Transition stream, the nominated position must have an approved nomination application, and the applicant must have been identified in that nomination. The Tribunal also considered whether the nomination had been approved and not withdrawn, whether there was adverse information concerning the nominator, and the timeliness of the visa application relative to the nomination approval.

The Tribunal reasoned that the employer's nomination application for the relevant position had been refused by the Department and this decision was affirmed by the Tribunal on 11 July 2018. Consequently, the nominator's application for the nominated position had not been approved. The Tribunal notified the applicant of this information and invited a response, but no response was received. As the nomination had not been approved, clause 186.223 was not satisfied. The applicant had only sought to meet the criteria for the Temporary Residence Transition stream, and as these requirements were not met, the Tribunal affirmed the delegate's decision.

The Tribunal affirmed the decision not to grant the applicant an Employer Nomination (Permanent) (Class EN) visa.