Sekhon (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Temporary Residence Transition stream. The applicant sought to have a decision not to grant this visa reviewed. The decision under review was made by a delegate of the Minister, and the review was conducted by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the Subclass 186 visa, particularly clause 186.223, which pertains to the nomination of a position. This clause requires, among other things, that the nomination for the position has been approved by the Minister and has not been subsequently withdrawn.

The Tribunal found that the application for the approval of the nominated position made by WJ Trading Co Pty Ltd had been refused by a delegate of the Minister. Although the nominator sought a review of this refusal, that review was affirmed by the Tribunal in a previous matter. Consequently, the Tribunal was satisfied that WJ Trading Co Pty Ltd’s application for the nominated position had not been approved, meaning that clause 186.223(2) was not met. 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 that stream, the Tribunal affirmed the decision not to grant the visa.