SHIN (Migration)

This matter concerned an application for a Subclass 186 Employer Nomination (Permanent) (Class EN) visa under the Direct Entry stream. The applicants sought review of a decision not to grant them the visa. The primary issue before the Tribunal was whether the applicant was the subject of an approved nomination, as required by regulation 186.233(3) of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant had satisfied the criteria for a Subclass 186 visa in the Direct Entry stream, specifically whether the nomination of the position by the sponsor, Oz Oceania Tours Pty Ltd, had been approved by the Minister. The Tribunal also considered whether the secondary applicants met the criteria for family members of a primary visa holder.

The Tribunal found that the nomination application had been refused by the Department on 26 July 2018, and this decision was affirmed by the Administrative Appeals Tribunal (AAT). Despite being provided with an opportunity to comment on this information, the applicants did not respond. Consequently, the Tribunal was satisfied that the Minister had not approved the nomination and that the applicant was not the subject of an approved nomination. As this essential criterion for the Direct Entry stream had not been met, the Tribunal affirmed the decision not to grant the visa. The Tribunal also found that the secondary applicants did not meet the criteria for family members of a primary visa holder.