QIN (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Temporary Residence Transition stream. The applicants sought review of a decision to refuse the approval of a nomination made by Good Luck Imports & Exports Pty Ltd. The Tribunal, constituted by Karen McNamara, was required to determine whether the applicants satisfied the relevant criteria for the visa.

The primary legal issue before the Tribunal was whether the applicants met the requirements of clause 186.223 of the Migration Regulations 1994, specifically subclause (2), which mandates that the nomination must have been approved by the Minister. The Tribunal also considered the implications of the applicants' failure to respond to a notice issued under section 359A of the Migration Act 1958, which invited them to comment on information that would likely lead to the affirmation of the decision.

The Tribunal reasoned that the core requirement of clause 186.223(2) was the approval of the nomination. As the Tribunal had previously affirmed the decision refusing the approval of the nomination made by Good Luck Imports & Exports Pty Ltd, this essential criterion was not met. Furthermore, the applicants failed to provide a response to the section 359A notice within the prescribed period, meaning they were not entitled to a hearing under section 360(3) of the Act, and the Tribunal proceeded to make a decision without further comment.

Consequently, the Tribunal affirmed the decision not to grant the applicants the Subclass 186 visas, as the requirements for the Temporary Residence Transition stream had not been satisfied due to the unapproved nomination.