Prasad (Migration)

The applicant sought to satisfy the criteria for a Subclass 186 Employer Nomination (Permanent) (Class EN) visa under the Temporary Residence Transition stream. The Administrative Appeals Tribunal was required to determine whether the applicant had met the requirements for this visa stream.

The Tribunal considered the provisions of regulation 186.223 of the Migration Regulations 1994. This regulation outlines the requirements for the nominated position, including that it must be nominated in an approved application, the applicant must have held a Subclass 457 visa in relation to that position, and the Minister must have approved the nomination. Further requirements include that the nomination has not been withdrawn, there is no adverse information concerning the nominator or associated persons, the position remains available, and the visa application is made within six months of the nomination's approval.

The Tribunal found that the applicant had not met the requirements for the Temporary Residence Transition stream. Consequently, the decision under review, which refused to grant the visa, was affirmed.