TRAN (Migration)

This matter concerned an appeal by the applicant, Mr Tran, against a decision to refuse his Subclass 186 Employer Nomination (Permanent) (Class EN) visa, specifically under the Temporary Residence Transition stream. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for this visa subclass, particularly in relation to an approved nomination.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 186.223 of the Migration Regulations 1994, which governs the nomination requirements for this visa stream. This clause mandates that the position to which the application relates must be the subject of an approved nomination that has not been subsequently withdrawn, among other conditions. The Tribunal also considered whether there was any adverse information concerning the nominator and whether the position remained available to the applicant.

The Tribunal reasoned that the nomination lodged in 2017, which was relevant to the applicant's visa application, had been withdrawn on 16 February 2017. As a result, the applicant could not satisfy the requirement that the nomination must have been approved and not subsequently withdrawn. The Tribunal noted that the applicant had been given opportunities to provide evidence demonstrating his eligibility but had failed to do so. Consequently, the Tribunal found that the applicant did not meet the criteria under clause 186.223.

The Tribunal affirmed the delegate's decision not to grant the applicant the Subclass 186 visa. The Tribunal also addressed a request regarding the method of notification of its decision, ultimately agreeing with the applicant's preference to receive the decision by email.