SONG (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Employer Nomination Scheme, Temporary Residence Transition stream. The applicant sought review of a decision not to grant the visa. The Tribunal, presided over by Alan McMurran, was tasked with determining whether the applicant met the relevant criteria for this visa subclass.

The central legal issue before the Tribunal was whether the applicant was the subject of an approved nomination for the position of fashion designer. This required the Tribunal to consider the specific requirements of clause 186.223 of the Migration Regulations, which outlines the conditions for an approved nomination in the Temporary Residence Transition stream. These conditions include that the nomination must have been approved, not subsequently withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination approval.

The Tribunal found that the nomination of the applicant for the fashion designer position had been refused by the Minister's delegate on 7 June 2019. Consequently, the Tribunal was satisfied that the applicant was not the subject of an approved nomination. Furthermore, there was no outstanding review application for the nomination decision or any other nomination awaiting determination. As the applicant had only sought to satisfy the criteria for the Temporary Residence Transition stream and had failed to meet the fundamental requirement of an approved nomination under clause 186.223, the Tribunal affirmed the decision under review.