Shaw (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision to refuse an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), Temporary Residence Transition stream. The applicant, Mr. Shaw, sought the visa in relation to a nominated position as a Café or Restaurant Manager. The nominator was Creative Hospitality Consultants Pty Ltd.

The primary legal issue before the Tribunal was whether the nomination associated with Mr. Shaw's visa application had been approved. The Tribunal was required to determine if the applicant met the criteria for the visa, specifically regulation 186.223, which mandates an approved nomination.

The Tribunal noted that the nomination was initially refused by a delegate of the Minister for Home Affairs on 10 March 2020. While the applicant was given an opportunity to respond to this refusal, no response was provided regarding the nomination's approval. Subsequently, the nominator sought a review of the decision, but on 4 March 2024, the liquidator withdrew from the review process. The Tribunal finalised this withdrawal on 24 April 2024, confirming that there was no approved nomination linked to the visa. The Tribunal acknowledged the significant delay in the review process and expressed sympathy for the applicant's circumstances, but stated it had no discretion to approve the visa without an approved nomination.

Consequently, the Tribunal affirmed the decision not to grant the visa, as the applicant failed to meet regulation 186.223 due to the absence of an approved nomination.