YE (Migration)

The Administrative Appeals Tribunal (AAT) considered a case involving an applicant seeking an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 (Employer Nomination Scheme) Direct Entry stream. The dispute arose when the nomination for the applicant's position as a Sales and Marketing Manager was refused by a delegate. The applicant's claim for the visa was based on this nomination.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for a Subclass 186 visa in the Direct Entry stream, as set out in clause 186.233 of the Migration Regulations 1994. This clause requires, among other things, that the nominated position be approved, that the nominator be the prospective employer, that the nomination has not been withdrawn, that there is no adverse information about the nominator or associated persons, that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the applicant had failed to meet the requirements of clause 186.233. Specifically, there was no evidence before the Tribunal that the nomination had been approved or that the nominated position was still available to the applicant. As these essential criteria for the Direct Entry stream were not met, the Tribunal affirmed the delegate's decision not to grant the visa.