SIKDER (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, specifically within the Temporary Residence Transition stream. The applicant sought review of a decision that refused to approve a nomination made by Kassa Imports Pty Ltd in their favour. The Tribunal, presided over by Karen McNamara, was tasked with determining whether the applicant met the relevant criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 186.223 of the Migration Regulations, which outlines the requirements for a nominated position in the Temporary Residence Transition stream. This clause necessitates, among other things, that the nominated position be the subject of an approved nomination that identifies the visa applicant, that the nomination has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application is made within six months of the nomination's approval.

The Tribunal's reasoning focused on the requirement for an approved nomination. It was explained to the applicant that the review of the nomination refusal needed to be finalised before a decision on the visa application could be made. Subsequently, the Tribunal affirmed the decision to refuse the nomination approval. As a consequence, the applicant could not satisfy subclause 186.223(2), which mandates that the nomination must be approved. The Tribunal then provided the applicant with an opportunity to comment on this information before making its final decision.

Ultimately, the Tribunal affirmed the decision not to grant the applicant the Subclass 186 visa. This outcome was based on the finding that the applicant failed to meet the essential criterion of having an approved nomination, rendering them ineligible for the visa in the Temporary Residence Transition stream.