Sam (Migration)

The Administrative Appeals Tribunal considered the case of Sam (Migration), an applicant for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Direct Entry stream. The core dispute concerned whether the applicant's employer had lodged an approved nomination for the position of Minister of Religion.

The Tribunal was required to determine if the applicant met the criteria for the Subclass 186 visa, specifically focusing on clause 186.233 of the Regulations. This involved assessing whether the nominated position had been approved, whether the employer was the nominator, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator, if the position remained available, and if the visa application was lodged within six months of the nomination approval.

The Tribunal found that the applicant's employer, the Cambodian Welfare and Culture Centre WA Inc, had lodged an application for approval of an employer nomination for a 'Minister of Religion'. However, the Department had refused this nomination on 8 December 2016, which was the nomination referenced in the applicant's visa application. As the nomination had not been approved, the applicant failed to satisfy the requirements of clause 186.233 of the Regulations. Consequently, the Tribunal affirmed the decision not to grant the visa.