Richardson (Migration)

The Administrative Appeals Tribunal considered the case of Mr Jamie Richardson, who applied for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Temporary Residence Transition stream for the position of Motor Mechanic. The dispute centred on whether Mr Richardson met the eligibility requirements for the visa, specifically concerning the timing of his application relative to the employer's nomination approval.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 186.223 of the Migration Regulations 1994. This clause outlines several requirements for a nominated position, including that the visa application must be made no more than six months after the Minister approved the nomination. The Tribunal was required to determine if this temporal requirement had been met.

The Tribunal reasoned that the employer nomination for Mr Richardson's position as a Motor Mechanic was approved on 3 February 2021. However, Mr Richardson's visa application was lodged on 9 August 2021, which was more than six months after the nomination approval. While the Tribunal acknowledged that the applicant and his spouse were not notified of the nomination grant until late, it found that it did not possess the discretion to overlook this mandatory time limit. Consequently, the Tribunal affirmed the decision under review.