WONG (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Direct Entry stream. The applicant sought to have a decision affirmed by the Administrative Appeals Tribunal, which had previously affirmed a decision not to grant the visa. The primary issue before the Tribunal was whether the applicant met the requirements of clause 186.233 of the Migration Regulations 1994.

The Tribunal was required to determine if the nominated position was the subject of an approved nomination, if the nominator was the intended employer, if the nomination had been approved and not withdrawn, if there was no adverse information concerning the nominator, if the position remained available, and if the visa application was made within six months of the nomination approval. The Tribunal also considered the eligibility of other applicants who were family members of the primary applicant.

The Tribunal found that the application for approval of the nominated position was refused on 31 July 2018. Although the nominator sought review, the Tribunal ultimately found it had no jurisdiction to review the nomination refusal because the nominating company had been deregistered. Consequently, the nomination was not approved, and there was no evidence of any other approved nomination. As the applicant failed to satisfy the primary criteria for the Subclass 186 visa in the Direct Entry stream, the Tribunal affirmed the decision not to grant the visa. The applications of the other named applicants were also not reconsidered as they were not family members of a person who had satisfied the primary criteria.