Ram (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding the refusal of Employer Nomination (Permanent) (Class EN) visas, Subclass 186, specifically under the Temporary Residence Transition stream. The primary dispute revolved around the nomination of a Customer Service Manager position by the employer, Praveen Kumar, for the primary visa applicant.

The Tribunal was required to determine whether the nomination for the Customer Service Manager position had been approved, as mandated by clause 186.223 of the Migration Regulations. This clause requires, among other things, that the nominated position be the subject of an approved nomination application that identifies the visa applicant, that the nomination has not been withdrawn, that there is no adverse information known to Immigration concerning the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal affirmed the delegate's decision to refuse the nomination application, noting that the nomination itself had been refused by a delegate of the Minister for Home Affairs and this refusal was subsequently affirmed by the Tribunal on 12 April 2021. As the nomination was not approved, the primary visa applicant could not satisfy clause 186.223. Consequently, the secondary applicants, who relied on the primary applicant satisfying the criteria for the grant of the visa, could not satisfy clause 186.311(a).

The Tribunal therefore affirmed the decision not to grant the Employer Nomination (Permanent) (Class EN) visas to the applicants.