RICHARDS (Migration)

The Administrative Appeals Tribunal considered a migration matter involving an applicant seeking an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), under the Temporary Residence Transition stream. The applicant's employer, Sealtek Pty Ltd, had made a nomination in support of the visa application. The core dispute revolved around whether the nomination had been approved, a prerequisite for the visa.

The Tribunal was required to determine if the applicant met the criteria under clause 186.223 of the Migration Regulations, specifically whether the position was the subject of an approved nomination that identified the visa applicant. The Tribunal also considered the applicant's request for a referral to the Minister under section 351 of the Migration Act.

The Tribunal reasoned that the Department of Home Affairs had refused to approve the nomination on 16 April 2018, and there was no evidence that this refusal had been revoked or set aside on review. The applicant's submissions focused on personal circumstances and the operations of the nominating business, but these did not address the fundamental issue of the nomination's approval. The Tribunal clarified that it only had jurisdiction over the visa refusal and not the nomination decision itself, as no review of the nomination refusal had been lodged. The Tribunal also considered and declined the request for a referral to the Minister under s.351, while noting the applicant could still make a direct request to the Minister.

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