Varma (Migration)

This matter concerned an appeal by the applicants against a decision to refuse them Employer Nomination (Permanent) (Class EN) visas, specifically under the Subclass 186 Direct Entry stream. The primary applicant sought a visa as a Software Engineer, with the other applicants seeking to join as members of the family unit. The core dispute revolved around whether the nomination for the Software Engineer position had been approved by the Minister.

The Tribunal was required to determine whether the applicants had satisfied the criteria for a Subclass 186 visa in the Direct Entry stream, particularly clause 186.233, which mandates an approved nomination for the position. Additionally, the Tribunal needed to consider whether the family members met the requirements of clause 186.311, which depends on the primary applicant holding the visa.

The Tribunal found that the nominator, Nextdot Solution Pty Ltd, had applied for approval of its nomination on 1 June 2019, but this nomination was refused by a delegate for the Minister for Home Affairs on 23 September 2019. As there was no information before the Tribunal indicating that the nomination had been approved, clause 186.233(3) was not met. Furthermore, because the primary applicant had not been granted a Subclass 186 visa, the family members did not satisfy clause 186.311. Consequently, the Tribunal affirmed the decision not to grant the visas.