Summan (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 by the Department of Immigration to affirm the refusal of their visa application. The core of the dispute revolved around whether the nomination of the applicant's position as a Podiatrist by the employer, Fixfeet Pty Ltd, had been approved.

The Tribunal was required to determine whether the applicant met the criteria for the visa, particularly clause 186.223, which mandates that the nominated position must have an approved nomination. The applicant's employer had initially applied for nomination approval, but this application was refused by the Department. Subsequently, the employer withdrew their application for review of this refusal.

The Tribunal reasoned that the withdrawal of the review application meant that the nomination had not been approved, and therefore, clause 186.223(2) of the regulations was not satisfied. While the applicant presented evidence of employment disputes and alleged underpayment by the nominator, the Tribunal noted that such matters were outside its jurisdiction. The Tribunal concluded that, as the nomination was not approved, the applicant did not meet the essential requirements for the visa. The Tribunal also affirmed the decision in respect of secondary applicants who relied on the primary applicant's eligibility.

Consequently, the Tribunal affirmed the decision not to grant the Employer Nomination (Permanent) (Class EN) visas to the applicants.