VUETI (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Temporary Residence Transition stream. The applicant sought review of a decision to refuse this visa. The primary issue before the Tribunal was whether the applicant met the age requirement stipulated for this visa stream at the time of application.

The Tribunal was required to determine if the applicant satisfied the age criteria under clause 186.221 of the relevant regulations. Specifically, for applications made before 18 March 2018, the applicant must not have attained the age of 50 years at the time of application. The Tribunal also considered whether the applicant fell within a specified class of persons exempt from this age requirement, as outlined in legislative instrument IMMI 13/059.

The Tribunal found that the applicant was 51 years old at the time of application, thus failing to meet the primary age requirement. As there was no evidence presented to suggest the applicant qualified under the specified exempt class, the Tribunal concluded that clause 186.221 was not met. Consequently, the Tribunal affirmed the decision not to grant the visa. The applicant had also requested the Tribunal refer the case for Ministerial Intervention under section 351 of the Migration Act 1958, providing various reasons relating to their long residency, professional contributions, and family circumstances. While the Tribunal acknowledged these submissions and the ministerial guidelines, it ultimately affirmed the original decision.