Ram (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, specifically under the temporary residence transition stream. The applicant sought review of a decision to refuse their visa application. The Tribunal, presided over by Mr S Norman, was tasked with determining whether the applicant met the relevant criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 186.223 of the Migration Regulations 1994, which pertains to the nomination of a position for the temporary residence transition stream. This clause requires, among other things, that the nomination be approved and not subsequently withdrawn, that there be no adverse information concerning the nominator or associated persons, that the position remains available to the applicant, and that the visa application is made within six months of the nomination's approval. The Tribunal also considered whether the applicant met the criteria for the Direct Entry and Agreement streams, and the provisions relating to family members.

The Tribunal found that the nomination lodged by CNR Accounting & Taxation Pty Ltd was refused by a Department delegate on 21 July 2017. A notice advising of this refusal was sent to the applicant, but no response was received. Consequently, the delegate determined that clause 186.223(2) was not met, and therefore the overall criterion 186.223 was not satisfied. The Tribunal further noted that the applicant had not made claims under the Direct Entry or Agreement streams, and as the primary criteria for the visa were not met, no one could qualify as a member of the family unit.

As the applicant had only sought to satisfy the criteria for the temporary residence transition stream and had failed to meet the essential requirements of clause 186.223, the Tribunal affirmed the decision under review. The Tribunal therefore affirmed the decision not to grant the applicant an Employer Nomination (Permanent) (Class EN) visa.