Sunuwar (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Sunuwar, who sought review of a decision not to grant him and a secondary applicant an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Temporary Residence Transition stream. The core dispute revolved around whether the applicant was the subject of an approved nomination for this employer-sponsored visa.

The Tribunal was required to determine if the applicant met the criteria for the visa, particularly focusing on whether the nominated position remained available and if the nominator had demonstrated the financial capacity to pay the nominated salary for the required period. The Tribunal also had to consider the circumstances surrounding the nominator's business and the applicant's employment.

The Tribunal affirmed the delegate's decision, finding that the nominator had not demonstrated sufficient financial capacity to pay the applicant's salary for the next two years, citing consecutive net liabilities and losses in the business's financial statements, as well as discrepancies in BAS statements. Furthermore, the Tribunal noted that the nominator's business had ceased operating in 2020, and the applicant had ceased employment in December 2019, meaning the nominated position was no longer available. Consequently, as the primary applicant did not meet the visa criteria, the secondary applicant also failed to meet the requirements.