Shahnshahi (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, identified as a Subclass 457 visa holder, was nominated by Skyword Pty Ltd for a position. The core dispute revolved around whether the nomination made by Skyword Pty Ltd had been approved, a prerequisite for the visa application.

The Tribunal was required to determine if the nomination met the requirements of clause 186.223 of the Regulations, specifically whether the nominated position had been approved. This clause mandates that for the Temporary Residence Transition stream, the nomination must have been approved, and the applicant must have been identified in that nomination as the relevant Subclass 457 visa holder. The Tribunal also had to consider the applications of secondary applicants who sought visas as members of the same family unit as the primary applicant.

The Tribunal reasoned that the employer nomination made by Skyword Pty Ltd on 19 January 2017 had not been approved by the Department, which had refused to approve it on 25 August 2017. The Tribunal affirmed this decision on 17 May 2018, finding that the requirement for an approved nomination under cl.186.223(2) had not been satisfied. As the primary applicant did not meet the criteria for the visa due to the unapproved nomination, the Tribunal concluded that the secondary applicants, who relied on their family relationship to the primary applicant, also did not meet the criteria for the grant of the visa.

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