SONI (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the temporary residence transition stream. The applicant sought review of a decision to refuse their visa application. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically clause 186.223 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 186.223, which requires, among other things, that the nominated position has been approved by the Minister and has not been subsequently withdrawn. The Tribunal considered that the applicant's eligibility for the visa was contingent on the approval of the nomination for the position by JSW Transport Pty Ltd.

The Tribunal reasoned that to satisfy clause 186.223(2), the nomination must have been approved. It noted that the review application for the approval of the nominated position had been dismissed by the Tribunal on 14 May 2020. As the nomination had not been approved, the Tribunal concluded that the applicant did not meet clause 186.223(2) and therefore did not satisfy the requirements of clause 186.223. Consequently, the Tribunal affirmed the decision not to grant the visa.