Tan (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 to refuse the visa. The Tribunal, constituted by Cathrine Burnett-Wake, was tasked with determining whether the applicant met the relevant criteria for the visa.

The primary legal issue before the Tribunal was whether there was an approved nomination for the position of Corporate Services Manager, as required by clause 186.223 of the Migration Regulations 1994. This clause mandates that the position must be the subject of an approved nomination that identifies the visa applicant, and that the visa application must be made within six months of the nomination's approval. Additionally, the nomination must not have been withdrawn, and there must be no adverse information known to Immigration about the nominator or associated persons, or such information must be reasonable to disregard. The position must also remain available to the applicant.

The Tribunal found that the applicant confirmed there was no approved nomination. Based on the information before it, the Tribunal concluded that clause 186.223 was not met because no approved nomination of an occupation relating to the applicant existed. Consequently, the applicant had failed to satisfy the criteria for the Subclass 186 visa in the Temporary Residence Transition stream. The Tribunal also affirmed the refusal of the visa for the second and third applicants, who were family members, as they did not meet the secondary criteria and could not meet the primary criteria independently.

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